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Collection  de 
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Canadian  Institute  for  Historical  Microraproductions  /  Institut  Canadian  da  microraproductions  historiquas 


Technical  and  Bibliographic  Notat/Notas  tachniquat  at  bibliographiquaa 


Tha  Instituta  has  anamptad  to  obtain  tha  bast 
original  copy  availabia  for  filming.  Faaturas  of  this 
copy  which  may  ba  bibliographically  uniqua. 
which  may  altar  any  of  tha  imagas  in  'ha 
raproduction.  or  which  may  significantly  changa 
tha  usual  mathod  of  filming,  ara  chackad  balow. 


□    Coiourad  covars/ 
Couvartura  da  coulaur 


I      I   Covars  damagad/ 


D 


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Couvartura  andommagAa 


Covars  rastorad  and/or  laminatad/ 
Couvartura  rastaurte  at/ou  palliculAa 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


r~n    Coloured  maps/ 


Cartes  gtegraphiques  en  couleur 


Coloured  ink  (i.e.  other  thar  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I   Coloured  plates  and/or  illustrations/ 


n 


Planches  et/ou  illustrations  an  coulaur 

Bound  with  other  material/ 
RaliA  avac  d'autres  documents 

Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrie  paut  causer  d^  I'omore  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  Seavas  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certainas  pages  bianchea  ajouttes 
lors  d'une  restauration  apparaissant  dans  la  texte, 
mais,  lorsqua  cela  itait  possible,  ces  pages  n'ont 
pas  At*  fiim^as. 

Additional  comments:/ 
Commentaires  supplAmantairas; 


L'Institut  a  microfilm*  le  meilleur  exemplaire 
qu'il  iui  a  it*  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographiqua,  qui  pauvent  modifier 
una  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  m6thode  normale  de  filmage 
sont  indiqu*s  ci-dessous. 


I     I   Coloured  pages/ 


D 


Pages  de  couleur 

Pages  damaged/ 
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Pages  restored  and/oi 

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r~|  Quality  of  print  varies/ 

I     I  Includes  supplementary  material/ 

.     I  Only  edition  available/ 


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Les  pages  totalament  ou  partiallement 
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obtenir  la  mailleure  image  possible. 


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10X 

14X 

18X 

22X 

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The  copy  filmed  h«ra  has  b*en  reproduced  thanks 
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Library  of  the  Public 
;     Archives  of  Canada 


L'exemplaire  filmA  fut  reproduit  grAce  A  la 
gAnArosit*  de: 

La  bibliothique  des  Archives 
pubiiques  du  Canada 


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filming  contract  specifications. 


Original  copies  in  printed  paper  covers  ere  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
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first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  eech  microfiche 
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Les  images  suivantes  ont  AtA  reproduites  avec  le 
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conformit6  avec  les  conditions  du  contrat  de 
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Les  euemplaires  origineux  dont  la  couvarture  en 
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^4,1 


[cONriDBMTIAL.] 

To  the  Senate  and 

Houu  of  RtpretentaHvea : 

''  Ok  the  14th  of  December,  1838,  the  Land  Agents  of 
Massachusetts  and  of  this  State  appointed  George  W. 
Buckmore  to  proceed  to  the  Aroostook  and  Fish  Rivera 
for  the  purpose  of  preventing  as  far  as  he  was  able  any 
trespassing  upon  the  Public  Land.  Mr.  Buckmore  has  just 
returned  from  these  places  and  made  report  which  has 
been  communicated  to  th'6  Governor  and  Council,  and  is 
herewith  laid  before  you  for  your  consideration.  By  this 
report  it  appears  that  a  large  number  of  men,  many  of 
them,  1  am  informed,  from  the  British  Provinces,  are  tres- 
passing very  extensively  upon  the  lands  belonging  to  this 
State  :  that,  they  not  only  refuse  to  desist,  but  defy  the 
power  of  this  Government  to  prevent  their  cutting  timber 
to  any  extent  they  please.  Upon  the  Grand  River,  it  is 
estimated  there  are  from  forty  to  fifty  men  at  work.  On 
the  Green  River,  from  twenty  to  thirty.  On  Fish  River, 
from  fifly  to  seventy-five  men  with  sixteen  yoke  of  oxen 
and  ten  pair  of  horses,  and  more  daily  expected  to  go  in. 
On  Township  letter  H,  ten  men,  six  oxen  and  one  pair  of 
horses.  On  the  Little  Madawaska  seventy-five  men,  with 
twenty  yoke  of  oxen  and  ten  horses.  At  the  Aroostook 
Falls  fifteen  men  with  six  yoke  of  oxen.  The  quantity  of 
timber  which  these  trespassera  will  cut  the  present  winter 


*p«>r<«**'"<M 


MESSAGE. 


[Fo^ 


I 


it  estimated  in  valve,  by  the  Land  Agent  at  one  hundred 
thouiand  dolian. 

These  facta,  it  seems  to  me,  present  a  caae  in  which  not 
merely  the  propesty,  but  the  character  of  the  State,  i» 
clearly  iuvolvciL  The  supremacy  of  law,  aa  weU  as  the 
sanctity  of  right,  cannot  be  thus  contemned  and  set  at 
nought  with  impunity,  without  impairing  the  general 
authority  of  the  Government  and  inviting  renewed  aggres- 
sions OB  t6e  part  of  daring  and  lawless  men.  Gepduet  so 
outrageous  and  high-handed  as  that  exhibited  by  these 
reckless  depredators  upon  the  publie  property,  calls  for 
the  roost  prompt  and  vigorous  action  of  Uie  Government. 
Under  the  circumstances,  therefore,  I  would  recommend 
that  the  Land  Agent  be  instructed  forthwith  to  proceed 
to  the  place  of  operation  on  the  Aroostook  and  also  upon 
Fish  River,  if  practicable,  with  a  sufficient  numbef  of  men 
suitably  equipped,  to  seiie  the  teams  and  provisions^break 
up  the  camps,  and  disperse  those  who  are  engaged  in  this 
work  of  devastation  and  pillage.  The  number  suggested 
by  the  Land  Agent  as  sufficient  for  this  purpose,  is  fifty. 
This  estimate  is  probably  too  small.  The  Land  Agent 
under  the  law  of  IS3I,  may,  perhaps,  b^  invested  witb 
sufficient  authority  for  this  purpose.  But  considering 
that  it  would  be  an  extraordinary  measure,  and  would  \xi- 
volve  considerable  expense  for  which  there  sliould  be  an 
appropriation,  it  was  deemed  best  to  ask  the  sanction  of 
the  Legislature.  It  is  not  to  be  supposed  that  the  Pro- 
vincial Government  wink  at  these  lawless  proceedings  on 
the  pnrt  of  its  citizens.  On  the  contrary,  we  are  bound 
to  believe  that  it  would  be  as  willing  as  this  Government, 
to  have  them  arrested.  Be  it  as  it  may,  we  are  bound  by 
every  consideration  of  duty  to  ourselves  and  to  those  who 
have  confided  their  interests  to  our  care,  to  take  some 


'It  # 


»:,^  *• 


•  •  •  •  *  •i^'-  ^*-»*«»«>'»  • 


•»t. 


'^p\.: 


*'-, 


1839.] 


HOUSE.— No.  31. 


VI 


strong,  decisive  and  eflScient  measures  in  a  case  of  so 
flagrant  a  character.  Nothing  else  will  save  our  beautiful 
and  valuable  forests  from*  destruction  and  plunder. 

I  have  deemed  it  expedient  to  make  this  communica- 
tion to  you  confidentially,  under  the  impression  that  if  your 
proceedings  should  be  communicated  to  the  trespassers 
before  the  Land  Agent  was  prepared  to  go  in,  they  would 
combine  their  forces  and  render  any  attempts  to  break 
them  up  more  difficult,  If  not  more  dangerous. 

JOHN  FAIRFIELDi  " 

Council  Chambbr,  ?'*  *iij  ,  -'  "^ 

January  23, 1839.   J    -^m^r^  -  ^.'-^m.-^  *;  t  ^ 

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1» 


M*<^ 


CORRESPONDENCE. 


[Feb. 


^.■■• 


1  r. 


■»  it" 


CORRESPONDENCE. 


From  Mr.  Hamlin  to  the  Qmeram  and  CooncU.     a,  r.f. . 


.<Tf:*f 'f***'*"^    '■"*''*',  [COPY.]      •■  ■     ■•■■•"•■'"• 

STATE  OF  MAINE. 

'  Land  OrricB,  Auousta,  > 

January  22,  1839.        ) 

To  Ihe  Honmvble  the  Ootemorand  Council: 

Gentlkmeit: — I  deom  it  my  duty  to  lay  before  you  the 
accompanying  Report  of  George  W.  fiuckmore,  in  relation  to 
depredations  upon  the  Aroostook  and  St.  John  Rivers,  also,  a 
copy  of  the  instructions  given  him  by  the  Land  Agent  of  Maine 
and  Massachusetts. 

It  will  be  seen  from  his  Report,  that  extraordinary  diepreda- 
tions  are  being  committed  on  the  public  lanou  situated  on  those 
rivers,  and  that  energetic  measures  will  be  required  to  arrest 
them. 

As  to  the  trespassers  upon  the  Aroostook,  I  am  confident 
nothing  short  of  an  armed  force,  of  at  least  fifty  men,  can  efllec- 
tually  break  them  up.  When  the  wholesale  depredations  on  the 
Little  MadawBska  are  stopped,  the  minor  trespassers  on  the 
other  streams,  tributary  to  the  Aroostook,  will  cease  of  course. 

In  an  ciflair  of  this  magnitude,  the  Land  Agent  does  not  feel 
hiraseli  authorized  to  proceed  without  some  particular  directions 
from  the  Governor  and  Council,  or  from  the  Legislature  now 
in  session. 

ELIJAH  L.  HAMLIN,  Land  Jgenl. 


.  «  4  •*♦'•••  •>■' 


"I 


[Feb. 


1M9.J 


^«  .,1 


1^  •»*'"•»*! 
oil.     w  "v.x , 


"*•  \ 


DOUITA 

839 


fore  you  the 
in  relation  to 
vers,  also,  a 
ent  ofMaine 

try  depreda- 
ted 00  those 
red  to  arrest 

n  confident 
,  can  efiec- 
ttions  on  tlie 
sers  on  the 

of  course. 
oe»  not  feel 
r  directions 

lature  now 

(I  Agent. 


HV 


-  HOUSE.— No.  SI. 

Tiwa  Mr.  Hamlin  and  Mr.  Coffin  to  Mr.  BQckmoie. 

[COPY.] 

STATE  OF  MAINE. 

J..AND  OfFIOC, 


,1  <•^ 


I 


..I 


/-^*  **»  "/Jrilji    BiMgw^  Dec.  14,  1838. 
To  GeoBO*  W.  BCCMMORE  f    *'»•* '^   "^^  ^    ■■ 

Sir: — Yoo  are  heroby  authorised  and  empowered  to  pro- 
ceed to  the  Aroostook  River  and  see  that  no  trespassing  is 
committed  on  the  Townships  belonging  to  Maine  and  Massa- 
chusets  on  that  river,  the  ensuing  winter.  You  arealfeo  author- 
ised, if  it  becomes  necessary,  to  take  otfthe  teama  and  supplies 
of  those  found  trespassing,  and  tell  the  same  at  auction, 
according  to  the  provisions  of  an  Act,  approved  March  28, 
1831. 

If  there  should  be  any  communication  open  with  Fish 
river,  you  will  make  an  examination  there,  and  see  that  no 
trespasseaare  committed* ■:;,--^        ^ii  v^  V      -    n;,  •'-- 

Should  you  meet  with  any  Te«iil«ne«Vdi' tirty  ihA)|;  tfiffaordi- 
naiy  takes  place,  you  will  give  immediate  information  to  this 
office,  where  you  will  also  make  a  return  of  your  doings  after 
the  above  named  service  is  completed.       '    '  "^  '   ,"'  r'" 

(Signed,)  '  '    ., 

/  »,v.         ELIJAH  L.  HAMLIN,  l^.;9g«nio/jra»n«. 
GEO.  W.  COFFIN,  L.  Agent  of  Ma$$. 
*»    »      '  By  £.  L.  Hamlim. 


«-» 


From  Mr.  Bnckmore  to  Mr.  H&mlin. 

[COPY.] 

To  Elijah  L.  Hamlin,  Land  Agent: 

Sir  : — Agreeably  to  your  instructions  dated  December  14th, 
requesting  me  to  look  after  trrspaners  on  the  Aroostook  and 
St.  John  rivers,  I  immediately  left  Ellsworth  and  proceeded  to 
the  Aroostook  river — and  after  stopping  there  a  few  days,  I 


\-rrl 


CORRESPONDENCE. 


[Feb. 


left  Township  No.  II,  for  Fish  river  through  the  Madawaska 
lettiemenl,  and  returned  to  Township  No.  1 1 ,  after  an  absence 
of  ten  days.  Finding  the  amount  of  depreciations  to  be  much 
larger  than  was  anticipated,  and  being  unable  fo  arrest  the 
t''espasser8  or  to  tnke  off  their  tnams  and  supplies,  Icoi.rluded 
to  return,  and  herewith  lay  before  you  the  following  Report 
of  my  doings  and  examinations,  and  await  such  further  instruc- 
tions as  you  may  see  fit  to  give.  ,,ij  ,,  ,,,,j 

A  short  distance  above  the  Grand  Falls,  I  fell  in  company  with 
two  men,  who  were  going  up  Grand  river,  with  some  others,  to 
make  timber  for  a  Mr.  Ketchum.  I  learned  from  these  persons 
that  there  were  from  40  to  60  men  at  work  making  timber  on 
this  river.  I  also  learned  that  there  were  from  30  to  30  per- 
sens  cuttirg  timber  on  Green  river,  all  well  supplied  with  teams 
and  provisions. 

At  the  Madawaska  settlement,  I  learned  from  th«  inhabitants 
that  the  Governor  of  New  Brunswick  had  given  permission  to 
each  settler  to  cut  one  hundred  pine  logs  on  his  lot,  and  most 
of  the  inhabitants  were  engaged  in  cutting  logs,  undar  this 
license,  for  Sir  John  Caldwell's  mills  at  the  Grand  Falls. 

During  my  stop  at  the  Madawaska  settlement,  1  was  called 
upon  by  Francis  Rice  and  Leonard  R.Coombs,  Esquires,  two  of 
the  Magistrates  living  at  Madawaska,  to  learn  my  business  on 
the  St.  John  river,  which  I  freely  communicated.  They 
then  requested  a  copy  of  my  instructions,  which  I  furnished 
them.  They  said  they  were  authorized  by  the  Governor  to 
arrest  all  persons  attempting  to  exercise  jurisdiction,  on  the  part 
of  the  American  Government,  in  the  Madawaska  settlement, 
and  that  they  should  forward  a  copy  of  my  instructions  to  the 
Governor  at  Fredericton. 

I  was  informed  here  that  several  crews  were  at  work  cutting 
timber  on  the  Madawaska  and  St.  Francis  rivers.  I  also 
learued  that  there  were  large  parties  of  trespassers  on  the 
Restigouche  river,  some  of  whom  had  come  through  to  the 
Madawaska  settlement  to  purchase  hay.     From  this  place  I 


1 


U 


1 


1839.] 


HC  JSE.— No.  31. 


9 


[Feb. 

Madawaska 
an  absence 
to  be  much 
It  arrest  the 
I  courluded 
ring  Report 
:her  inatruc- 

•mpanv  with 
ne  others,  to 
lese  persona 
I  timber  on 
}  to  30  per- 
1  with  teams 

inhabitants 
irmission  to 
t,  and  most 

under  this 
^ails. 
was  called 
ires,  two  of 
lusiness  on 
d.      They 

furnished 
Dvernor  to 
on  the  part 
lettlement, 
ons  to  the 

rk  cutting 
I  also 
rs  on  the 
gh  to  the 
IS  place  I 


Km 


% 


proceeded  to  the  mouth  of  Fish  river,  which  I  ascended  about 
fourteen  miles,  and  found  within  that  distance  the  following 
trespassers.  A  Mr.  Whalen,  with  a  crew  of  eight  men  and  a 
team  o(  six  oxen,  supplied  by  Francis  Rice,  Esq.  before 
named.  C  Fernandee  and  S.  Herbert,  with  a  crew  of  six 
men  and  one  team — a  crew  of  fourteen  men  and  one  team, 
supplied  by  Mr.  Cnrle,  an  inhabitant  of  Madawaska — Joseph 
Dominkee,  with  a  crew  of  nine  men  and  a  team,  supplied  by 
Mr.  Brtinsieu  of  Canada — Mr.  Woofaert  and  R.  Martin,  with 
a  crew  of  fourteen  men,  two  pair  of  horses  and  four  oxen— L. 
Nado,  with  a  crew  of  seven  men,  whh  one  team  of  horses  and 
one  team  of  oxen — and  several  small  crews,  making  altogether 
as  near  as  I  could  calculate,  ten  pnir  of  horses,  sixteen  yoke 
of  oxen  and  from  fifty  to  seventy-five  men. 

More  teams  and  men  were  expected  in  daily.  Some  of 
these  crews  had  beua  at  work  here  .»ver  aince  last  summer. 
The  most  of  these  trespassers  were  located,  as  near  as  I  could 
judge,  on  Township  No.  16,  In  the  7th  Range  belonging  to 
Maine.  Ttie  following  crews  were  at  work  on  the  main  St. 
John,  between  the  St.  Francis  and  Madawaska  rivers.  Two 
crews  under  L.  R.  Coombs,  Esq.  before  mentioned — one  crew 
under  Messrs.  Wliceloelc  and  Caton,  supplied  by  Sir  John 
Caldwell — one  crew  under  S.  Herbert— one  crew  under 
William  Gardner — one  crew  under  Mr.  Hunnewell — one  crew 
under  Messrs.  Makay  and  Decenado — one  crew  under  Mr. 
Canada — and  one  crew  under  D.  Dagle,  making  nine  crews  in 
all.  From  the  best  information  I  could  obtain  from  the  inhab- 
itants, it  was  calculated  that  these  trespassers  would  cut  on  the 
St.  John  and  its  tributaries  above  the  Grand  Falls,  this  season, 
incbding  the  logs,  at  least  seventy-five  thousand  tons,  about 
one  third  of  which  would  be  cut  on  Fish  river. 

On  the  Aroostook  river,  the  trespassers  upon  whom  I  served 
writs  last  fall,  above  Beaver  brook,  in  company  with  yourself, 
have  not  returned,  and  there  is  no  trespaMing  by  the  Provin> 
cials  above  that  stream.    The  crews  on  Beaver  brook  supplied 


1 


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'■■?;%.  ''t!%iK 


I 


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10 


CQILR^PONDENCE. 


[Feb. 


■*' 


Augusta,  January  32,  1839. 


{VJiVi-j^rM^^j.-Uii- 


N 


f 


-J 


by  Peter  Ball,  l^ave  relurned.  I  taw  Mr  Ball,  and  he  informed 
me  that  aa  U^re  was  Ir .  •passin^f  below,  be  should  not  stop  him- 
aelf,  and  that  be  abould  reaiat  any  <^npt  to  take  away  his 
teama- 

Tbe  crew  wbi^b  b^gan  tq  cat  on  Salmon  Stteam,  early  last 
fall,  are  still  at  work,  and  now  say  they  do  not  intend  to  quit, 
but  mean  to  defend  tbemselvea  and  resist  all  authority  from 

tl^ia  State.    ^         r^v  ; 

On  Townsbq>  Letter  B,  belonging  to  Maine,  I  found  Mr. 
Jobnaon,  with  a  crew  of  ten  men,  six  oj^au  and  one  pair  of 
hqraes.  Tl^y  refused  to  quit,  and  said  th^y  abould  continue 
to  cpt  the  timber  in  apite  of  both  Governments,  ^nd  used  much 
tbreateding  liMBguage.  Ji  stopped  one  nij^^bt  lunong  the  settlers 
at  the  mouth  of  the  Little  Madawaska,  and  from  the  best  inforr 
mation  I  could  obtain,  there  are  aboulweventy-five  persons  tres- 
passing on  this  river,  with  iwenty  yoke  of  oxen  and  ten  pair  of 
horses,  well  supplied  with  provisions  from  the  Province, 

I  met  several  teams  on  thbir  way  up,  and  noticed  that  the 
rvk<A  leading  up  the  Little  Madawaska  was  trodden  hard^  and 
indicated  a  large  amount  of  travel.  From  what  I  could  learn 
the  moat  of  these  trespassers  are  violent  and  iawleaa  men,  and 
have  given  out  that  they  mean  to  reaist  any  officer  who  ahall 
attempt  to  take  themselves  or  their  te^m. 

At  the  Aroostook  falls  I  found  two  crews  of  about  fifteen  men 
and  six  yoke  of  oxen,  cutting  timber  within  the  American  line, 
and  hauling  it  into  the  river,  below  the  falls.  From  the  beat 
information  I  could  obtain,  1  have  no  doubt,  that  from  fifteen  to 
twenty  thousand  tons  of  timber  will  be  taken  ofl!'  the  townships 
n  the  Little  Madawaaka  river  this  winter. 

(Signed)  GEORGE  W.  BUCKMORE.  , 


\i 


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ri: 
nr 

01 

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is 
ai 
tr 

IM 

sa 
la 

th 
di 
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183^.] 


HOU3&.--N6.  St. 


a 


.  •.   "V      ..      -■»!■, 


'  Mi^- 


Resolve  of  the  Legitlatnre,  Jannarjr  94L. 


■i^iV,: 


«^«^*     STATE  OF  MAINE. 

.1    ■.,.•-    •      .'..I 
RESOLVE  relating  to  Trespassers  upon  the  Public  LandjH^ 

Rtsalvid,  Ttiat  the  Land  Agent  be  and  it  hereby  avthb^ 
rized  and  required  to  employ  forthwith  suffiiiient  force  ta 
wrest,  detain  and  imipHson  all  persons  lodnd  ti^spassing 
on  the  teiritory  of  this  State,  As  bounded  and  established' 
by  the  Treaty  of  1 783^  And  that  the  Land  Agent  be  and 
is  hereby  empowered  to  dispose  of  all  the  teams,  lumber 
and  other  materials  in  the  hands  and  possession  of  said 
trespassers,  in  such  way  and  manner  as  he  may  deem 
necessary  and  expedient  at  the  time,  by  destroying  the 
same  or  otherwise,  and  that  th6  sum  of  ten  thousand  dol** 
lars  be  and  hereby  is  appropriated  for  the  purpose  of  car- 
rying thisResoWe  into  effect,  and  that  the  Qovemor  whh 
the  advice  of  the  Council,  be  and  is  hereby  authorised  to 
draw  his  warrant  from  time  to  time,  for  such  sums,  as  may 
be  required  for  the  purposes  aforesaid. 

[Approved  January  24, 1889.]    H'"  joitmr;«|n 

«;i«  I*  uiiit  ilUtf  «»ifi.i.t!4(  I',  tmikiv  ,^5iv   *r(*''f  v^)'/,  T,» 
■  --^Mf   tf^  r;\  >,,;•»%•,!.•■.    •-•'..-'■1  .r)!:yf!ii;i  TfH'l  .i|^  'i'.y  ■^^v.-J. 


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i 

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t|:  MESSAGE.      ;  [Feb. 

MESSAGE  OF  GOV.  FAIRFIELD. 


To  t^  HoifM  of  kepntentative* : 

In  compliance  with  the  request  of  the  House  of  Rep- 

resentatives,  I  herewith  communicate  such  information  as 

I  have  in  relation  to  *'  the  reported  abduction  of  the  Land 
Affent."  '  iw«#^."^it:^i!.4a  '  t  \V.g;j;u:;.w!  4«.U.'.v.*s 

Under  the  Resolve  of  the  24th  of  January  last,  entitled 
a  "Resolve  relating  to  trespassing  upon  the  Public  Lands,*' 
the  Land  Agent  repaired  with  about  two  hundred  chosen 
men,  to  the  scene  of  operation  on  the  Aroostook  River. 
Prior  to  his  reaching  there,  it  is  understood  that  the  tres- 
passers, amounting  to  about  three  hundred  men  in  number, 
and  all  well  armed,  had  combined  and  were  determined  to 
resist  every  effort  that  should  be  made  to  break  them  up. 
Finding,  however,  that  the  Land  Agent  had  prepared 
himself  with  a  six  pounder,  they  rhose  to  retire  from  the 
ground,  passing  down  the  river. 

The  Land  Agent  with  his  company  also  passed  down 
the  Aroostook  to  near  its  mouth,  finding  the  places  of 
operation  abandoned  by  the  trespassers.  On  Monday  last, 
they  captured  a  gang  of  about  twenty,  who  had  been 
operating  further  up  the  river,  and  sent  several,  who  were 
considered  the  ring  leaders,  to  Bangor,  where  it  is  supposed 
they  are  now  in  jail.  On  Monday,  the  Land  Agent  sent  a 
letter  to  Mr.  McLaughlan,  the  Land  Agent  for  the  Province 
of  New  Brunswick,  inviting  a  meeting  with  him  at  the 
house  of  Mr.  Fitz  Herbert,  about  four  miles  from  where 
the  company  were  then  stationed ;  and  on  the  same  even- 
ing with  four  others,  Mr.  Mclntire  repaired  to  the  house 
of  Mr.  Fitz  Herbert,  intending  to  pass  the  night  there. 


'  ♦ 


I.ll»l|    I  »nw 


1839.] 


HOUSE— No.  31. 


Id 


The  trespassers,  however,  in  some  way  became  possessed 
of  the  facts,  and  detached  a  company  of  about  fifty,  who 
seized  the  Agent  and  those  accompanying  him,  and  trans- 
ported them,  it  is  believed,  beyond  the  bounds  of  the  State. 

Our  Company  is  now  at  No.  10,  on  the  Aroostook,  for- 
tified and  anticipating  an  attack,  in  case  any  attempt 
should  be  made  on  our  part  to  execute  the  Resolve  of  the 
24th  of  January  by  destroying  the  timber  which  has 
already  been  cut. 

I  have  advised  the  sending  of  a  reinforcement  of  three 
hundred  men,  as  it  is  probable  the  number  of  the  tres- 
passers will  be  constantly  augn"3nting — ^and  if  a  Resolve 
to  that  effect  be  passed,  shall  appoint  an  Agent  to  supply 
temporarily  the  place  of  Mr.  Mclntire,  and  lead  on  the 
expedition.  I  have  also  dispatched  a  special  messenger 
to  Sir  John  Harvey,  Lt.  Governor  of  New  Brunswick,  for 
the  purpose,  among  other  things,  of  ascertaining  whether 
these  high-handed  proceedings  of  the  trespassers  are 
authorized,  or  in  any  way  countenanced  by  the  Provincial 
Government — and  to  procure  the  release  of  the  Agent  and 
those  taken  with  him.  The  Agent  was  also  charged  with 
other  matters  pertaining  to  this  most  extraordinary  and 
outrageous  proceeding. 

The  facts  above  related,  except  in  relation  to  my  own 
doings,  have  been  communicated  to  me  verbally  by  the 
Sheriff  of  Penobscot,  who  formed  one  of  the  company  of 
the  Land  Agent. 

This  is  the  only  communication  from  the  Land  Agent 

or  his  company,  which  I  have  had  verbally  or  otherwise, 

that  could  be  relied  upon. 

JOHN  FAIRFIELD. 

CouNciii  Chambek, 
Feb.  15,  1839. 


.,«^*.-..;>M  JMik 


■^',I»«M».>*,  <V-. 


y 


,*»-" 


14 


RESOLVE. 


•-'    xnit^l)*'  ■-;;.    "; 


[Feb. 


ResolTe  of  the  Legislature,  February  16. 


STATE    OF   MAINE. 

RESOLVE  in  relation  to  the  North  Eastern  Boundary. 

Resolved,  That  the  Governor  be  authorized  to  appoint, 
when  circumstances  in  his  opinion  require  it,  some  person 
or  persons  to  supply,  temporarily,  the  place  of  the  Land 
Agent,  in  executing  the  Resolve  of  the  twenty-fourth 
January  last,  relating  to  trespassers  on  the  Public  Lands. 
And  the  person  or  persons  thus  appointed,  shall,  for  the 
time  being,  have  all  the  power,  and  be  subject  to  all  the 
duties  of  Land  Agent,  so  far  as  it  regards  the  Resolve 
aforesaid. 

,  Approved  February  IG,  1839. 


\ 


1839.] 


HOUSE.— No.  31. 


15 


■ 


Instruc(ion§  to  lUr.  Roger*, 


Augusta,  Feb.  15,  1839. 
Jonathan  P.  Rogers,  Esq: 

Sir: — In  pursuance  of  my  object  disclosed  to  you  this  day, 
you  having  consented  to  lend  your  personal  services  in  effect- 
ing that  object,  I  wish  you  to  proceed  forthwith  to  Frederick- 
ton,  N.  B.  and  have  a  conference  with  His  Excellency  Sir 
John  Harvey,  upon  the  extraordinary  events  that  have  just 
occurred  in  relation  to  the  seizure  and  abduction  of  the  Hon. 
Rufus  Mclnttre  and  several  others,  while  engaged  in  the  exe- 
cution of  certain  duties  under  a  Resolve  of  the  Legislature  of 
this  State,  adopted  the  24th  of  January  last.    You  will  commu- 
nicate to  Gov.  Harvey  all  the  facts  in  the  case,  so  far  as  they 
have  come  to  your  knowledge,  and  ascertain  from  him  whether 
the  high-handed  and  outrageous  proceedings  alluded  to,  have 
been  authorized,  sanctioned,  or  in  any  way  countenanced  by 
the  Provincial  Government;  and  if  such  should  be  the  fact,  to 
demand  the  instant  release  of  our  citizens,  and  in  case  of 
refusal,  to  return  forthwith  to  this  place.     If  otherwise,  as  is 
supposed  to  be  the  fact,  and  the  seizure  and  abduction  have 
been  made  by  a  band  of  lawless  and  desperate  men,  Governor 
Harvey  will   undoubtedly   furnish  you   every  facility  in   his 
power  for  effecting  the  release  and  safe  return  of  the  persons 
alluded  to. 

As  it  is  the  determination  of  this  Government,  so  far  as  it 
may  be  able,  to  break  up  and  put  an  end  to  the  trespassing 
upon  the  public  lands,  and  as  in  effecting  that  object  it  may  be 
necessary  to  destroy  the  timber  already  cut,  you  will  endeavor 
to  ascertain  the  views  and  intentions  of  Gov.  Harvey  in  relation 
to  it — and  whelh"'*  any  resistance  on  his  part  to  such  a  move- 
ment is  to  be  apprehended  by  us. 

You  will  also  endeavor  to  ascertain  the  facts  in  relation  to 
(he  persons  engaged  in  the  pillage  of  our  timber,  and  the  still 


'C" 


>'       JWWfWHWM 


16 


LETTER  TO  GOV.  HARVEY. 


[Feb 


more  daring  act  of  seizing  our  citizens  and  transporting  them 
out  of  the  State.  Learn,  if  you  can,  who  they  are — where 
from — how  numerous  they  ar&— what  are  their  designs — and 
whether  they  receive  any  countenance  from  British  subjects 
living  near  the  line. 

Having  fully  expressed  my  views  to  you  personally,  I  do  not 
deem  it  necessary  to  be  more  particular  in  makiug  this  commu- 
nication. 

With  full  confidence  that  you  will  do  every  thing  in  the  pre- 
mises which  the  honor  and  interest  of  your  State  require,  I  sub- 
scribe myself, 

With  high  respect. 
Your  ob't  serv't, 

JOHN  FAIRFIELD, 

Gov.  of  Maine. 


From  Gov.  Fairfield  to  Sir  John  Harvey. 

Augusta,  Feb.  15, 1839. 

HtB  Excellency  Sir  John  Harvey, 

LUut.  Governor  of  N.  B. : 

Sir: — This  communication  will  be  handed  to  you  by  the 
Hon.  Jona.  P.  Rogers,  a  distinguished  citizen  cf  this  State, 
whom  I  havp  requested  to  proceed  to  Frcdericklon  for  the 
purpose  of  conferring  with  your  Excellency  upon  a  most  extra- 
ordinary and  high  handed  proceeding  on  the  part  of  certain 
trespassers  upon  the  public  lands,  in  seizing  and  transporting 
beyond  the  bounds  of  the  State,  the  Hon.  Rufus  Mclntire, 
Land  Agent,  and  several  other  persons  \vhile  aiding  him  in  the 
regular  and  legal  execution  of  the  duties  cf  his  otfice — and  for 
the  purpose  of  procuring  their  release.  Mr.  Rogers  will 
inform  your  Excellency  of  the  facts  as  they  have  been  reported 
here,  aud  confer  with  you  generally  upon  the  subject. 


I 


-:^' 


1839.] 


HOUSE.— No.  31. 


17 


I  cannot  doubt  that  your  Excellency  will  furnish  Mr.  Rogers 
with  the  information  in  your  possession,  and  will  afford  him 
every  facility  in  accomplishing  the  object  of  his  mission. 

I  have  the  honor  to  be, 

With  high  respect, 

Your  obedient  servant, 

JOHN  FAIRFIELD, 

Governor  of  Maine> 


Appointment  of  mr.  JarTis. 


Augusta,  Feb.  15,  1839. 
Hon.  Charles  Jarvia: 

Sir: — An  extraordinary  state  of  affairs  upon  what  is  called 
the  disputed  territory,  has  induced  me  to  invite  your  services 
in  the  cause  of  the  State.  By  the  enclosed  R  'solve  you  will 
perceive  that  the  State  has  come  to  the  determination  of  break- 
ing up  and  putting  an  end  to  the  trespassing  upon  the  public 
lands.  Under  this  Resolve,  Mr.  Mclntire,  the  Land  Agent, 
repaired  to  the  scene  of  operations,  with  about  200  chosen  men. 
The  trespassers  had  combined  and  intended  to  resist  every 
attempt  to  disperse  them — but  finding  that  our  men  had  sup- 
plied themselves  with  artillery,  they  thought  it  prudent  to  leave 
the  ground,  though  300  in  number.  Ader  this,  however,  Mr. 
Mclntire  with  four  others,  being  unfortunately  separated  from 
the  main  body,  were  seized  by  a  detachment  from  the  tres- 
passers, and  transported  beyond  the  bounds  of  the  State.  Our 
men  are  now  on  No.  10,  upon  the  Aroostook,  fortified,  where 
they  will  remain  until  they  receive  a  reinforcement,  and  then 
proceed  to  the  further  execution  of  the  Resolve  alluded  to. 

Under  these  circumstances,  it  has  become  necessary  for  me 
to  appoint  some  one  to  take  the  place  of  Mr.  Mclntire  and  to 
lead  on  the  expedition.    I  know  of  no  gentleman  better  quali- 
2* 


.f*"*"^" 


i»- ■•*,»...  **>  ■*^ 


r 


'it- 


n  APPOINTMENT  OF  MR.  JARVIS.       [Feb. 

fied  for  the  service  than  yourself,  and  trust  that  you  will  find 
no  obstacle  in  the  way  of  your  acceptance  of  the  appointment. 
Mr.  Strickland,  Sheriff  of  Penobscot,  is  instructed  to  pro- 
cure forthwith  from  200  to  300  additional  men.     He  has  also 
been  supplied  with  the  necessary  funds.     I  hope  you  will  im- 
mediately set  out  for  Bangor,  where  you  can  confer  with  Maj. 
Strickland,  and  repair  at  the  earliest  possible  moment,  with  the 
additional  force,  to  the  scene  of  the  trouble,  where  you  will 
proceed  to  execute  the  Resolre  of  24th  of  January. 
I  am  very  respectfully. 
Your  most  ob't  serv't, 

JOHN  FAIRFIELD, 

Governor  of  Mamt. 


»  / 


y 


-   -^1  ....*.  #.    4  ■»♦  »,^^    ^^ 


'eb. 


also 
im- 
Inj. 
the 
will 


1830.] 

4 


HOUSE.— No.  31. 


MESSAGE  OP  GOV.  FAIRFIELD. 


i<> 


To  the  Senate  and      .  >,..  i,  i.  ..   •• 

House  of  R&oreaentatives : 

Since  my  last  communication  to  you  upon  the  subject 
of  the  trespassers  upon  the  Public  Lands,  there  has  been 
forwarded  to  me  a  Proclamation  purporting  to  have  been 
issued  by  the  Lieut.  Governor  of  the  Province  of  New 
Brunswick,  which  I  deem  it  my  duty  to  communicate  to 
you,  with  a  statement  of  my  proceedings  consequent 
thereon. 

By  this  Proclamation,  it  seems,  that  while  the  Lieut. 
Governor  disavows  any  authority  from  his  Government  for 
the  seizure  of  the  Land  Agent,  he  yet  speaks  of  the  attempt 
of  the  civil  authorities  of  this  State  to  drive  a  band  of 
armed  trespassers  from  our  public  lands,  as  "  an  outrage" 
and  an  invasion  of  the  territory  of  the  Province  of  New- 
Brunswick  and  avows  the  fact  of  having  ordered  "  a 
sufficient  military  force  "  to  repair  to  the  place  where  the 
Land  Agent's  party  are  endeavoring  to  execute  your  Re- 
solve of  the  24th  January,  and  to  repel  what  he  thus 
regards  as  an  invasion  of  the  Province  of  New  Brunswick. 

Immediately  upon  the  receipt  of  this  extraordinary 
document,  I  took  measures  to  hasten  the  departure  of  the 
reinforceinent  of  the  Land  Agent's  party,  understood  to 
have  been  assembled  at  Bangor,  awaiting  orders,  and  num- 
bering between  four  and  five  hundred  men — and  also 
issued  an  order  to  Maj.  General  Isaac  Hodsdon,  of  the 
Sd  Division,  to  detach  one  thousand  men,  by  drafl  or 
otherwise,  properly  ofiicered  and  equipped  j  who  were  to 


'  1 


■r-  -     * 


*   -•.  <»,-,. 


4 


^iii^.pi«|i;i|ii|i 


to 


MESSAGE. 


[Feb. 


I; 


rendezvous  at  Bangor,  and  then  proceed  at  the  earliest 
possible  moment,  to  the  place  occupied  by  the  Land 
Agent's  party,  on  or  near  the  Aroostook  river,  there  to 
render  8uch  aid  as  would  enable  the  Land  Agent  to  carry 
into  effect  the  Resolve  of  the  24lh  of  January. 

I  also  dispatched  a  special  messenger,  with  a  commu- 
nication to  Maj.  Kirby,  of  U.  S.  Artillery,  commanding 
at  Hancock  Barracks,  Houlton,  informing  him  of  the  facts 
and  asking  his  co-operation,  with  the  troops  under  his 
command,  with  the  forces  of  this  State,  in  repelling  an  in- 
vasion of  our  territory,  and  sustaining  our  citizens  in  the 
lawful  and  authorized  protection,  they  are  endeavoring  to 
extend  over  a  portion  of  the  property  of  this  State. 

If  these  proceedings  on  my  part,  meet  the  approbation 
of  the  Legislature,  and  an  appropriation  be  made  for  the 
purpose,  I  shall  feel  it  to  be  my  duty  to  proceed  forthwith 
to  order  a  draft  from  the  militia  of  at  least  ten  thousand 
men,  who  will  hold  themselves  in  instant  readiness  to 
march  to  the  frontier,  should  circumstances  require  it. 

I  have  not  yet  called  upon  the  President  of  the  United 
States  for  aid  in  repelling  the  invasion  of  our  territory  by 
foreign  troops,  deeming  it  proper  to  postpone  that  step 
until  the  return  of  Col.  Rogers  from  his  special  mission  to 
Frederickton,  or  at  least  until  some  information  should  be 
received  from  him,  which  will  probably  be  as  early  as  the 
20th  or  21st  instant.  If,  however,  you  should  think  other- 
wise, and  that  no  delay  should  be  allowed  for  this  purpose, 
an  intimation  to  that  effect  will  be  promptly  obeyed. 

If  I  have  not  entirely  misconceived  the  circumstances 
of  the  case  presented  for  your  consideration,  it  is  one  cal- 
culated to  excite  the  deepest  feeling  in  the  breast  of  our 
citizens  and  calls  for  the  most  prompt  and  determined 
action  on  the  part  of  this  Government.    What  is  that  case  ^ 


T 


,.*, » 


••^..    A#  ,^- 


••*!  Jtw-t^^.^  -"-.V 


lb. 


1839.] 


HOUSE— No.  31. 


»l 


You  were  informed  that  a  large  number  of  armed  and  des- 
perate men  from  a  neighboring  Province,  had  forced  them- 
selves into  the  territory  of  this  State  with  a  fixed  purpose  of 
cutting  a  vast  amount  of  timber,  and  of  resisting,  even  unto 
blood,  any  attempts  to  arrest  them  in  the  prosecution  of 
their  unhallowed  object.  Deeming  it  your  duty  to  make 
an  effort  to  protect  the  interests  of  those  who  had  confided 
them  to  your  care,  you  instructed  the  Land  Agent  to  pro- 
ceed to  the  scene  of  devastation  and  plunder,  with  a 
suflicient  force  to  arrest  those  who  were  engaged  in 
it,  and  to  break  up  their  daring  and  wicked  enterprise. 
While  in  the  act  of  executing  this  order,  the  Land 
Agent  was  seized,  transported  beyond  the  bounds  of  tho 
State,  and  finally  carried  upon  a  sled,  like  a  felon,  and 
under  the  guard  of  provincial  troops,  to  the  capital  of 
New  Brunswick  for  trial.  Could  a  greater  indignity  be 
offered  to  any  people  having  a  particle  of  sensibility  to  its 
rights  and  its  honor,  or  to  the  sacredness  of  the  personal 
liberty  of  its  citizens  ?  It  is  true  that  the  Lt.  Governor 
denies  the  original  seizure  was  by  authority.  But  at 
Woodstock  tJie  Magistrates  took  cognizance  of  the  affair, 
sanctioned  the  proceedings  by  issuing  a  warrant,  (acting 
undoubtedly  under  the  authority  of  the  proclamation,)  and 
sending  our  citizens  under  an  ignominious  escort  to  Fred- 
erickton.  Really,  if  there  be  any  apology  or  justification 
for  this  treatment  of  our  citizens,  it  is  not  to  be  found  in 
any  code  of  international  honor  or  comity  with  which  I 
have  been  acquainted. 

Not  only  this,  but  it  seems  that  a  military  force  is  sent  into 
a  part  of  the  territory  of  this  State  to  expel  from  it  a  civil 
force  sent  there  by  this  government  for  the  protection  of 
its  property.  How  long  are  we  thus  to  be  trampled  upon 
—-our  rights  and  claims  derided — our  power  contemned-^ 


tl 

il 


'f^^'^Bl^-'^-   '^ 


.j^.. 


i 


k 


) 


' 


MESSAGE. 


[Feb. 


and  tho  State  degraded  ?  If  there  ever  wos  a  time  when 
the  spirit  of  independence  and  self-respect  should  assert 
itself,  that  time  is  the  present.  Wc  cannot  tamely  submit 
to  be  driven  from  our  territory  while  engaged  in  the  civil 
employment  of  looking  aAer  and  protecting  our  property, 
without  incurring  a  large  measure  of  ignominy  and 
disgrace. 

No  palliating  circumstance  for  this  outrage  can  be  found 
in  even  a  pretence  that  the  place  wliere  it  was  committed 
is  within  the  concurrent  jurisdiction  of  the  two  Govern- 
ments, much  less  that  the  British  Government  have  had 
exclusive  jurisdiction.  Lands  even  higher  up  and  beyond 
this,  were  surveyed  and  granted  by  the  State  of  Massa- 
chusetts more  than  thirty  years  ago.  And  Massachusetts 
and  Mninc  have  long  been  in  the  habit  of  granting  per- 
mits to  cut  timber  upon  these  Aroostook  lands,  without 
being,  to  my  knowledge,  molested  from  any  quarter,  to  say 
nothing  of  the  sale  and  actual  occupation  of  the  land  itself. 

It  must  be  gratifying  to  all  who  have  a  true  sense  of  the 
honor  and  interests  of  the  State,  to  perceive  that  upon 
this  subject  the  din  of  party  warfare  is  hushed,  and  that  a 
unanimity  has  prevailed,  alike  honorable  and  patriotic.  No 
interruption  to  this  commendable  spirit  I  trust  will  be 
suflered.  Union  and  good  feeling,  no  less  than  prudence 
and  energy,  are  absolutely  necessary  in  this  extraordinary 
emergency. 

JOHN  FAIRFIELD. 

Council  Chamber,  )  t 

Feb.  18,  1839.     J 

Since  writing  the  foregoing,  I  have  received  a  commu- 
nication from  the  Lieut.  Governor  of  the  Province  of  New 
Brunswick,  in  which  he  sets  up  an  alleged  agreement  that 
the  British  Government  shall  have  exclusive  jurisdiction 


:S**     J**""-- 


,t   v^,   . 


1839.] 


HOUSE.— No.  31. 


9$ 


and  poaseasion  of  the  disputed  territory,  until  the  question 
be  settled — and  informs  us  that  ho  is  instructed  not  to 
suffer  any  interference  with  that  possession  and  jurisdic- 
tion. He  entreats  us  to  withdraw  the  Land  Agent's  party, 
and  odds  that  he  has  directed  a  strong  force  of  «  Her 
Majesty's  troops  to  be  in  readiness  to  support  Her  Mojes- 
ty's  outhority,  and  protect  Her  Maje8t)'s  subjects  in  the 
disputed  territory,  in  the  event  of  this  request  not  being 
immediately  complied  with." 

In  regard  to  all  this  I  have  only  to  say,  that  for  one  I  see 
no  reason  to  doubt  the  entire  correctness  of  the  coOrsc  we 
have  thus  far  pursued,  and  that  with  the  blessing  of  God 
I  trust  VkO  shdll  persevere.     . 

No  such  ogreement  as  that  alluded  to  by  the  Lieut. 
Governor,  can  be  recognized  by  us — and  it  is  un  entire 
misapprehension,  to  say  the  least  of  it,  that  such  an  agree- 
ment has  ever  been  made. 

The  letter  having  been  written  before  Mr.  McTntire 
reached  Frcderickton,  no  official  communication  is  made 
as  to  the  course  intended  to  be  pursued  in  regard  to  him 
and  those  arrested  with  him.  I  learn  however,  indirectly, 
that  they  are  to  be  retained. 

I  am  informed  that  the  Land  Agent's  party  have  sta- 
tioned themselves  for  the  present  ot  the  termination  of  the 
Aroostook  road.  While  there,  Mr.  McLaughlan,  the 
Provincial  Land  Agent,  presented  himself,  and  in  the  name 
of  Her  Majesty  warned  our  party  to  di«nerse.  Mr. 
McLaughlan  and  his  two  assistants  were  thereupon  taken 
into  custody,  and  the  Agent  with  one  assistant  immedi- 
ately sent  to  Bangor,  where  they  are  now  detained. 

Copies  of  the  Proclamation  and  letter  of  the  Lt.  Gove- 
nor  of  New  Brunswick  arc  herewith  communicated. 

JOHN  FAIRFIELD. 


'^  *-■•.• 


-^ .. ,  --■<■'■ — 


c**,^ 


>-■♦:■: 


) 


,/' 


'.i^intg^.iV 


mm"" 


mmm 


34 


LETTER  FROM  GOV.  HARVEY.        [Feb. 


)^  From  Sir  John  Harvey  to  Gov.  Fairfield. 

V.  [COPY.]  ,.,.  v.  ..,,;-.-   ^,,f 

,•     ,-  "'•  '■  Vi 

Government  House,  Frbduriokton,  X.  B.  )     , 
Febrwry  I3th,  18S9.  J 

Sir: — I  have  just  heard  with  the  utmost  surprise  and  regret, 
that  without  the  courtesy  of  any  previous  intimation  whatever 
to  this  Government,  an  armed  force,  from  tho  State  of  Maine, 
has  entered  the  territory,  the  claim  to  which  is  in  dispute  betwixt 
Great  Britain  and  the  United  States,  and  which  it  has  been 
agreed  betwixt  the  two  General  v^overnments,  shall  remain  in 
the  exclusive  possession  and  jurisdiction  of  England,  until  that 
claim  shall  be  determined. 

It  has  been  my  duty,  on  more  than  one  occasion,  to  apprize 
the  Executive  Government  of  Maine,  that  my  instructions  do 
not  permit  me  to  suffer  any  interference  with  that  possession 
and  jurisdiction,  until  the  question  of  right  shall  have  been 
finally  decided,  in  discussion  betwixt  the  two  General  Govern- 
ments. 

With  the  knowledge  of  these  instructions  thus  explicitly 
made  known,  I  cannot  but  repeat  the  expression  of  the  deep 
regret  which  I  feel,  that  instead  of  seeking  their  recall  or  mod- 
ification through  tho  Presidential  Government,  the  State  of 
Maine  should  thus  have  forced,  upon  a  subordinate  officer,  the 
alternative  of  either  failing  in  his  duty  by  abstaining  from  the 
fulfilment  of  the  commands  of  his  Sovereign,  or,  by  acting  up 
to  them,  placing  the  two  countries  in  a  state  of  border  collis- 
ion, if  not  the  two  nations  in  immediate  and  active  hostility. 

Such,  nevertheless,  is  the  position  in  which  I  find  myself 
placed  by  this  overt  act  on  the  part  of  the  State  of  Maine,  one 
from  which  I  do  not  hesitate  in  entreating  your  Excellency  to 
relieve  me,  by  ordering  the  immediate  recall  of  a  force,  w||ose 
presence  within  the  precincts  of  the  territory  as  claimed  by 
England,  it  is  contrary  to  my  instructions  to  permit — and  it  is 
proper  that  I  should  acquaint  your  Excellency  that  I  have 
directed  a  strong  force  of  Her  Majesty's  troops  to  be  in  readi- 


\ 


^P^'-flP*'  -<***"■*»*•  *»^  «>^  ^^ 


^|iflppil|gppH|P|liJillim!Ni.vii » ujif^jiiii^ii^jiij^Bij  luiiw  p-n'^m^mnfngf^^ 


^ 


,*'  '  •* 


1839.] 


HOUSE.— No.  31. 


^ 


nesBto  support  Her  Majesty's  authority,  and  prof  ecf  Her  Maj- 
esty's subjects  in  the  disputed  territory,  in  the  event  of  this 
request  not  being  immediately  complied  with. 

With  regard  to  any  plea  fur  these  proceedings  on  the  part  of 
the  State  of  Maine,  connected  with  timber  spoliations  in  that 
territory,  I  have  to  inform  your  Excellency,  that  I  have  given 
directions  for  a  boom  to  be  placed  across  th?  mouth  of  the 
Aroostook,  where  the  seizing  officer,  protected  by  a  sufficient 
guard,  win  be  able  to  prevent  the  pasrage  of  any  timber  into 
the  St.  John  in  the  spring,  or  to  seize  it  and  expose  it  to  pub''  * 
sale,  for  the  benefit  of  the  "disputed  territory  fund." 

Similar  precautious  will  be  adopted  in  regard  to  any  timber 
cut  upon  the  upper  St.  John,  or  the  tributary  streams  falling 
Into  it.     y:^'''-  ^^mfi:f^m  's  i-^i.'^;^''-^'- ':-•■■'■  ^'^^''s '-■'  ''i--^ 

AriAiously  awaiting  your  Excellency's  reply  to  this  commu- 

I  have  the  honor  to  be  your  Excellency's  '  j  ■ 

'    ''"'^  Most  obedient  and  humble  servant,       * 

.-ri  vr  vvv-v:    -s;    ...■  ^^^f*' fg;.;«.;^:  ...-.^w     j_   HARVEY:"" 


}<t%/'l'  ^e^f'ij.i.ft'nfA'fttJi^'f';' 


;»'    *.,..* 


.;■'!■?} 

i:^^ 


Bij  Hit  Excellency  Major  General  Sir  John  Harvey,  K.  C.  B. 

mnd  K.  C  //.  Lieutenant  Governor  and  Commander-in-Chief 

of  the  Province  of  JVetr  Brunsteick,  8fc.  4rc. 
JOHN  HARVEY.  ^ 

,       ,     A  PROCLAMATION. 

Whereas,  I  have  received  information  that  a  party  of  armed 
persons,  to  the  ntimher  of  two  hundred,  or  more,  have  invaded 
a  portion  of  this  Province,  under  the  jurisdiction  of  Her 
Maj|a(y's  Government,  from  the  neighboring  State  of  Maine, 
for  the  professed  object  of  exercising  authority,  and  driving  off 
persons  stated  to  be  cutting  timber  therein:  and  that  divers  oth- 
er persons  have  without  any  legal  authority,  taken  up  arms 
^vith  the  intention  of  rebistiog  such  iovasion  and  outrage,  and 
have  broken  open  certain  stores  in  Woodstock,  in  which  arms 


■■■••... ..^..,^_  *-*•"*•>• 


1  1 


i 


"^!ntismmm-i!i 


26 


PROCLAMATION. 


[Feb. 


V, 


and  ammunition  belonging  to  Her  Majesty  were  deposited, 
and  have  taken  the  same  away  for  that  purpose,  I  do  hereby 
charge  and  command  all  persons  concerned  in  such  illegal  acts 
forthwith  tu  return  the  arms  and  ammunition,  so  illegally  taken, 
to  their  place  of  deposit,  as  the  Government  of  the  Province 
will  take  care  to  adopt  all  necessary  measures  for  resisting  any 
hostile  invasion  or  outrage  that  may  be  attempted  upon  any 
of  Her  Majesty's  territories  or  subjects. 

And  I  do  hereby  charge  and  command  all  Magistrates, 
Sheriffs,  and  other  officers,  to  be  vigilant  in  aiding  and  assisting 
in  the  apprehension  of  all  persons  so  offending,  and  to  bring 
them  to  justice.  And  in  order  to  aid  and  assist  the  civil  power 
in  that  respect,  if  necessary,  1  have  ordered  a  sufficient  Military 
force  to  proceed  forthwith  to  the  place  where  these  outrages 
are  represented  to  have  been  committed,  as  well  to  repel 
foreign  invasion,  as  to  prevent  the  illegal  asbumption  of  arms 
by  Her  Majesty's  subjects  in  this  Province. 

And  further,  in  order  to  be  prepared,  if  necessary,  to  call  in 
the  aid  of  the  Constitutional  Militia  force  of  the  country,  I  do 
hereby  charge  and  command  the  officers  commanding  the  First 
and  Second  Battalions  of  the  Militia  of  the  County  of  Carle- 
ton,  forthwith  to  proceed  as  the  law  directs,  to  the  drafting  of 
a  body  of  men,  to  consist  of  one  fourth  of  the  strength  of  each 
of  those  Battalions,  to  be  in  readiness  for  actual  service,  should 
occasion  require. 

Given  under  my  Hand  and  Seal  at  Frederickton,  the 
thirteenth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-nine,  and  in 
the  second  year  of  Her  Majeatj^'s  Reign. 

By  His  Excellency's  Command. 

WM   F.  ODElIL 

God  savt  the  Quetn,  ...  ^    - 


4 


,  (^-i****"**  «^f^  **.  .-.^.^^ 


,44.  ,•*.♦,  -«•!%  .^»,^^'-*-«^«»..»|,i^iWi*im^». 


I,. fUj,  >•%*!»'<*'> 


I839.J  HOUSE— No.  31.  87 

RcsolTes  of  the  Legislature,  Feb.  30  and  99. 


STATE   OF   MAINE. 

RESOLVE  for  the  protection  of  the  Public  Lands. 

Resolved,  That  the  honor  and  interest  of  this  State 
demand,  that  a  sufficient  military  force  be  forthwith  sta- 
tioned at  the  Aroostook  river,  west  of  the  boundary  line  of 
the  State  as  established  by  the  Treaty  of  1783;  and  on 
the  river  St.  John,  if  found  practicable,  at  such  points 
as  may  be  best  adapted  to  the  object,  to  prevent  further 
depredations  on  the  public  lands,  and  to  protect  and  pre- 
serve the  timb'^r,  and  other  lumber  already  cut  there  by 
trespassers,  anu  to  prevent  its  removal  without  the  limits 
of  the  State. 

Resolved,  That  the  sum  of  eight  hundred  thousand 
dollars  be  and  hereby  is  appropriated  for  the  purpose  of 
enabling  the  Executive  to  carry  out  the  purposes  of  the 
foregoing  Resolve,  and  the  Resolve  passed  January  24th, 
1 839.  And  that  the  Governor  be  and  hereby  is  authorized 
with  the  advice  of  Council  to  draw  his  warrant  for  the 
same  from  time  to  time  as  it  may  be  needed  for  that 
purpose. 

[Approved  February  20,  1839.] 


STATE   OF  MAINE. 

Aiv  additional  Resolve  relating  to  trespassers  upon  the 

Public  Lands. 

Resolved,  That  the  Governor  be  requested  forthwith  to 
conununicate  to  the  President  of  the  United  States,  the 
oaeasures  recently  adopted  by  the  State  of  Maine  in  rela- 


iJ9-.i.  .  ■■■.i^t:^.'..'ir  /,,i"''i 


w 


1 


«ft 


ORDERS. 


[Feb. 


tion  to  the  trespasses  on  the  Public  Lands  of  this  State ; 
and  also  copies  of  the  correspondence  between  the  Gov- 
ernor of  New  Brunswick  and  the  Executive  of  Maine  in 
relation  to  those  measures ;  together  vi^ith  any  information 
in  his  possession  relative  to  the  subject ;  and  to  request 
the  aid  of  the  General  Government  in  support  of  the  rights 
of  the  State  of  Mainje. 

[Approved  February  22,  1839.] 


House  of  Representatives, 
February 

On  motion  by  Mr.  Vose  of  Augusta, 


1:i^!'3t  ^^^^-J^^r^^  February   18,1839. 


Ordered,  That  the  Governor  be  requested  to  communi- 
cate forthwith  to  the  Executive  of  Massachusetts  any 
information  in  his  possession  relating  to  trespasses  com- 
mitted upon  the  disputed  territory — and  to  request  her 
aid  in  the  measures  taken  by  this  State. 

Sent  up  for  concurrence.    •         '■'■'  '  ; 

,"       V       vvm  CHARLES  WATERHOUSE,  Clerk. 

*        ■"''  InSenate,  February  19,  1839. 

Read  and  concurred. 

WILLL\M  TRAFTON,  Secretary^ 


House  of  Representatives,  ) 
February  20,  l8o9.  J 

On  motion  by  Mr.  Am.en  of  Alfred, 

Ordered^  That  the  Govornor  be  requested,  if  he  shall 
duem  it  expedient,  to  communicate  to  this  House,  such 
fuither  correspondence  as  he  may  have  had  with  Sir  John 
Harvey  upon  the  subject  of  the  North  Eastern  Boundary. 

Read  and  passed. 

CHARLES  WATERHOUSE,  Clerk. 


X 


^  .^^.^,«. -,.f»  ,**.^—-«- 


'««i„**.^\**'^'»'> 


Wf 


■■■^ 


^mpwi 


X.U-> 


.  >-'  ri  1 1  « 


1839.]  HOUSE.— No.  31.  29 

MESSAGE  OF  GOV.  FAIRFIELD. 


''•*.-:'<r  Yl 


7b  f  A«  Hotue  (^  Repreaentativea : 

AoRBBABLT  to  your  request  of  thii  day,  J  herewith  lay 
before  yod  my  reply  to  the  letter  of  Sir  John  Harvey,  Lt. 
Governor  of  the  Province  of  New  Brunswick,  under  date 
of  thid  13th  inrit&rit,  his  letter  having  been  heretofore  com- 
municated. 

V     M    .         JOHN  FAIRFIELt). 

Co0NciL  CkaiIb^r,  V      ', 
February  20,  1839.   J     '  "'   ' 


.,  ■■'l 


}  •'■ 


IVam  Gov.  Fairfield  to  Sir  Jdm  Harvey 
[COPY.] 


fJxBoOTiVB  Department,     ) 
Augusta,  February   19,  1839.  ) 
His  Excellency, 
Sir  John  Harvbt, 
lA,  Governor  of  N.  Brunswick: 

Sir: — I  have  the  honor  to  acknowledge  the  receipt  of  your 
Excellency's  letter  of  the  ISth  instant  by  express,  and  avail 
myself  of  the  return  of  your  messenger,  B.  English,  Esq.  to 
make  a  reply.     <-  ,.uia\'\,    '     .  i 

You  say,  "  I  have  just  heard  with  the  utmost  surprise  and 
regret,  that,  without  the  courtesy  of  any  previous  intimation 
whatever  to  this  Government,  an  armed  force  from  the  State  of 
Maine,  has  entered  the  territory,  the  claim  to  which  is  in  dis- 
pute," &c. 

In  reply,  I  cannot  hut  regret  that  your  Excellency  should 
have  thought  the  use  of  such  language  suitable  to  be  employed 
3* 


80 


LETTER  OF  GOV.  FAIRFIELD.        [Feb. 


W:.\ 


'■■-■ 


S'ti, 


upon  this  occasion.  If  I  am  amenable  to  a  charge  of  want  of 
*'  eourle$y"  in  anything  I  have  heretofore  dorte,  I  will  endeavor 
to  manifest  enough  of  that  accomplishment  in  this  reply,  not  to 
bandy  epithets  with  one,  of  whom  I  had  formed  so  high  an  opin- 
ion as  of  your  Excellency — and  will  only  say  further,  that, 
while  I  have  the  honor  to  hold  the  place  I  now  oecnpy,  I  trust 
that  a  sense  of  duty  to  my  State  and  her  interests,  will  always 
predominate  over  a  mere  blind  regard  to  the  artifioial  rules  of 
etiquette.  I  think,  however,  that  your  Excellency  would  not 
have  used  that  term,  if  you  had  considered  for  a  moment,  that 
the  proceedings  of  our  Land  Agent  were  in  execution  of  a  Re-, 
solve  of  the  Legislature  of  this  State,  adopted  in  $eertt  ae$»ion, 
and  that  no  notice  of  these  proceedings  could  have  been  gif  ea 
without  an  unqualified  breach  of  faith  and  duty.  ?  m 

In  speaking  of  the  disputed  territory,  your  Excellency  says, 
"  the  claim  to  which  is  in  dispute  betwixt  Great  Britain  and 
the  United  States,  and  which  it  has  been  agreed  betwixt  the 
two  General  Governments,  shall  remain  in  the  exclusive  pos- 
session and  jurisdiction  of  England  until  that  claim  shall  be 
determined."  ?  V'ar>y 

Now,  sir,  I  eannot  hesitate  to  say,  that,  in  my  opinion,  your 
Excellency  is  laboring  under  an  entire  misapprehension  in  re- 
gard to  the  facts.  No  such  agreement,  I  am  persuaded,  has 
ever  been  made  between  the  two  Governments.  I  have  looked 
in  vain  for  it  among  the  numerous  documents  which  have  grown 
out  of  this  question,  and  have  never  heard  of  any  recognition 
of  it,  verbal  or  otherwise,  on  the  part  of  the  officers  of  the  Gen- 
cral  Government.  If,  however,  such  an  agreement  exists,  your 
Excellency  can  undoubtedly  point  it  out.  At  all  events,  such 
an  agreement  can  never  be  recognized  by  this  State.  A  decent 
self-respect  will  ever  forbid  it,  if  there  were  no  other  consid- 
erations in  the  way. 

Your  Excellency  entreats  me  immediately  to  recall  the  forctt 
now  upon  the  territory,  and  then  adds — "  It  is  proper  that  1 
should  acquaint  your  Excellency  that  I  have  directed  a  strong 


?•?■ 


Iligf^ii'-.|,- 


^eb. 


1839.] 


.•-f 


HOUSE.— No.  31. 


81 


furce  of  her  Majesty  *i  troops  to  be  in  rMdinesi  to  support  her 
Majesty's  authority,  and  protect  her  Majesty's  subjects  in  the 
disputed  territory,  in  the  event  of  this  request  not  being  imme- 
diately complied  with."      . ...- .iC^^^  ..^:  ;,^;  .^  .»«,,,.* 

In  reply  I  have  to  say,  that  the  territory  bordering  upon  the 
Aroostook  river  has  always  been,  as  I  regard  the  facts,  in  the 
possession  and  under -the  jurbdiction  of  Massachusetts  and 
Maine — that,  more  than  thirty  years  ago,  Massachusetts  sur- 
veyed and  granted  large  tracts  of  it,  which  have  ever  since 
been,  in  some  way,  possessed  by  the  grantees  and  those  claim- 
ing under  them — that,  the  rest  of  it  was  surveyed  by,  and  some 
of  it  divided  between,  Massachusetts  and  Maine,  soon  after 
the  latter  became  an  independent  Stale— that  both  States  have 
long  been  in  the  habit  of  granting  permits  to  cut  timber  there 
without  being  molested  from  any  quarter — that,  many  persons 
have  purchased  these  lands  of  Maine,  and  entered  into  their 
actual  occupation,  and  that  in  various  other  ways,  Maine  has 
exercised  a  jurisdiction  which  may  fairly  be  regarded  as  exclu- 
sive, over  this  territory.  Under  these  circumstances,  inform- 
ation was  received  that  a  body  of  armed  men  had  gone  into 
this  territory  and  were  cutting  vast  quantities  of  the  timber, 
defying  the  power  of  this  State  to  prevent  them.  On  these 
facts  being  communicated  to  the  Legislature,  the  two  branches 
immediately  directed  the  Land  Agent  to  take  with  him  a  suffi- 
cient force  to  arrest  these  depredators,  and  to  break  up  their 
enterprise.  The  party  of  the  Land  Agent  is  now  on  the  terri- 
tory, engaged  in  executing  the  trust  with  which  it  was  charged, 
and  with  my  consent  will  never  leave  it,  while  the  protection 
of  the  property  of  the  State  from  plunderers  renders  it  neces- 
sary for  them  to  remain.  If  your  Excellency  chooses  to  send 
an  armed  force  to  attempt  their  expulsion,  I  can  only  say  that 
this  State  will  endeavor  to  meet  such  an  attempt  as  it  will 
deserve.  I  have  no  threats  to  make  or  boastings  to  indulge. 
If  Maine  does  her  duty,  as  I  trust  in  God  she  will,  nothing 
that  I  could  say  in  advance  would  add  to  the  glory  of  her  career. 


1    :\ 


*< 


.f.^ 


M«m 


I 

1 

I 


ai' 


LETTER  OF  GOV.  FAIRFIELD.        [Feb. 


If  iike  |>rov6t  tedreAht  to  her  daty  and  tamely  lubmlts  to  be 
etpelfted  from  her  territory  by  t  force  that  she  could  luccerie- 
fuliy  resiat,  nothing  that  I  can  say  would  tend  to  diminish  the 
measure  of  lier  ignominy  and  disgrace. 
-'j^i  t^vfi*  i$(t-  I  h&ve  the  hdnok-  to  be, 
44*  b?  ^*tfi^«.  With'bighiei^et, 
um:-  *i'  »*im(I  >  iW    .     Yodr  Exceltendy'e  obt  serVI.' 


-!i* «  4P)»*.*.M»s>fi*. '/.  JOHN  fAirfield;^"  '***"'  \ 

^.M.K*,  y»*% ,»mii'  'mt^f*.  '4*  Q„^  ofiMtdtm* 

,,:-•|^  jjS^i.Mt^  J^  •  ■'i*Ui('i^\  S^'->. ''*''<.  '*  •''  ■■  '  "  *'  '  '""  ■-"■  ' 
,,^  *:i,v,  'Mtuii*  .:,<»"  ^  •.)Jiv,.>>  V  ■■  "■■-'•  ^'  ".-^''^  ^'>-'^'  -•  '  "■"■  ■ 
■-,,,..  'J  l:','.i;Uip  '  tta  ,  i;..;v  1?^  1(i' /'-s-'  ;!-.!( '^'-' '»■••■:  '•••'■ 
^A^  i.^i4.F  .-.'..•'^»'  r^t?i'-s  -u.  ivii'  ./.  V-"  ?^'/^.- .  ;^-,i;^V''''^    ■  '■'■  ' 

,.:.;  ,.^..,   Vf.ff  .r>-^    '^-^frm  ''  •    -*•  -<   "  '^'^  '■"^'  •■'••'  "••'•'  •^''""' 

t  ■<i:v-.i4   ^■^>i   >;?  .rni'tt^r  •^:,-l  :j.,i.u»  ;■;;;■.■  .,t:.iv««*>vv*«  ^■-■' 

-kyLf>'v,»i^  vol.,*  •+•«»■>■»•  *''-*i* ''■''"»  *»!*•■' 


■Hi'fi    ■  ■■-■    -"'■ 


.)    :>•  i     «  --^J 


I   . ,  I   . 


V, 


!  .    ...        ■  !.■     ,ii   m4     ' 


S 


\ 


\ 


,,r 


wm 


1839.] 


HOUSE.— No.  31. 


'eb.' 
be 

tUe 


J 


■i!\>;,, 


U,-' 


t  -» 


'A 


V  ^MESSAGE  OF  GOV.  FAIRFIELD.     ^ 

To  the  House  of  Represmtativea :      ^v,'  f^jt^**!'^*  ''' ' 

Under  the  Order  of  the  House  of  Riipiresentativ^s  of 
the  19th  instant,  I  herewith  lay  before  you  certain  corre- 
spondence since  had  with  the  Lieut.  Governor  of  New 
Brunswick,  uid  the  correspondence  between  Geo.  Frede- 
rick Street,  Esq.,  Solicitor  General  for  the  Province  of 
New  Brunswick,  and  Charles  Jarvis,  Esq.,  Provisional  Land 
Agent  of  this  State. 

The  reply  of  Mr.  Jarvis  to  the  inadmissible  and  prepos- 
terous claims  and  pretensions  of  Her  Majesty's  Solicitor 
General  for  the  Province  of  New  Brunswick,  must  I  think, 
command  the  unqualified  approbationof  every  one  having 
a  just  regard  for  the  honor  of  his  State.  It  is  in  the  true 
spirit.  And  I  have  every  reason  to  believe  that  the  same 
spirit  animates  the  whole  body  of  our  citizens.  While  it 
prevails,  though  success  will  be  deserved,  defeat  can  bring 
no  disgrace. 

You  will  see  by  the  accompanying  papers,  and  I  take 
great  pleasure  in  communicating  the  fact,  that  Mr.  Mcln- 
tire  and  his  assistants  have  been  released.  It  was,  how- 
ever, upon  their  parole  of  honor,  to  return  when  thereto 
required  by  the  Government  of  that  Province.  Immedi- 
ately upon  the  receipt  of  this  information,  I  advised  the 
release  of  James  McLaughlan,  Esq.  Provincial  Land  Agent, 
and  his  assistants,  upon  the  same  terms. 

Since  my  last  communication,  the  Land  Agent's  forces 
at  the  Aroostook,  have  been  re-inforced  by  about  six  hun- 
dred good  and  effective  men,  making  the  whole  force  now 
about  seven  hundred  and  fifty. 


V  A 


■     i     I 


■i-fr^i' 


■^  ^^^t^^'^m^n 


1 


*IM 


84 


MESSAGE. 


[Feb. 


%. 


If 


I... 


I  have  a  letter  from  Mr.  Jarvis,  dated  tho  1 9th,  before 
the  re-inforcement  had  arrived,  and  when  his  company 
consisted  of  only  about  one  hundred  men.    He  says  he 
'*  found  the  men  in  good  spirits,  and  that  they  had  been 
active  in  making  temporary,  but  most  effectual  defences, 
of  logs,  (Sec.     Ailer  describing  his  defences,  he  says,  "  by 
to-morrow  noon,  a  force  of  one  hundred  men  would  make 
good  our  position  against  five  hundred.     Betreating  there' 
fore  ia  out  of  the  queation.    We  shall  make  good  our 
stand  against  any  force  that  we  cpn  reasonably  expect 
would  be  brought  against  us."    He  says  further,  "  I  take 
pleasure  in  saying  to  you  that  a  finer  looking  set  of  men 
I  never  saw,  than  those  now  with  mc,  and  that  the  honor 
of  our  State,  so  far  as  they  are  concerned,  is  in  safe 
keeping."       „      -   ■.......■. -^  '  >»     v-         <  ■•  >  •' 

The  drafl  of  one  thousand  men  from  the  Third  Division 
has  been  made  with  great  dispatch.  The  troops,  I  under- 
stand, arrived  promptly  at  the  place  of  rendezvous,  at  the 
time  appointed,  in  good  spirits,  and  anxious  for  the  order 
to  march  to  the  frontier.  The  detachment  from  this 
Second  Division  will  be  ordered  to  march  at  the  earliest 
convenient  day,  probably  on  Monday  next.  Other  military 
movements  will  be  made  which  it  is  unnecessary  to  com- 
municate to  you  at  this  time. 

The  mission  of  Col.  Rogers  to  the  Lt.  Governor  of  New 
Brunswick,  has  resulted  successfully,  so  far  as  relates  to 
the  release  of  the  Land  Agent  and  his  assistants,  and  has 
been  conducted  in  a  manner  highly  satisfactory. 

JOHN  FAIRFIELD. 

CoDNCii^  Chamber,  > 
Feb.  21,  1839.     \  '^ 


I- 


V( 


i   { 


U: 


■•^'•^^ 


-~^^" 


.  ■^.^-M^'dk.dKi 


,  .»,>T.:.-.)8Sa«4«wW»i' 


.■ 


1939.] 


HOUSE— No.  31. 


86 


.f.,'    ^,,.  i. 


CORRESPONDENCE. 


No.  1. 


jnI  \'':f ';r."r    i' 


..,.,.,.    ^       I^om  Sir  John  Harvey  to  Gov.  Fairfield.    :    . ' 

[COPY.] 

Government  House,  Frederickton,  N.  B.,  > 
February  18th,  1839.  > 

Sir  : — I  have  the  honor  to  acknowledge  the  receipt  by  the 
hands  of  the   Honorable  Mr.  Rogers,  of  your  Excellency's 
letter  of  the  15th  instant.    Mr  Mclntire  and  the  gentlemen 
with  him  have  been  subjected  to  on  examination  before  Her 
Majesty's  Attorney  General  of  this  Province,  who  has  reported 
to  me  that  the  offence  of  which  they  stand  charged,  is  one 
rather  against  the  Law  of  Nations  and  of  Treaties,  than  against 
those  of  this  Province — they  must  accordingly  be  regarded 
as  "  State  offenders" — in  this  view  their  disposal  rests  exclu- 
sively with  Her  Majesty's  Government,  to   which  I  shall 
accordingly  report  the  case.    In  the  mean  time  I  have  had 
pleasure  in  directing  that  they  shall  immediately  be  allowed  to 
return  to  the  State  of  Maine,  upon  pledging  their  parole  of 
honor  to  present  themselves  to  the  Government  of  this  Prov- 
ince, whenever  Her  Majesty's  decision  may  be  received,  or 
when  required  to  do  so.     The  high  respectability  of  their 
characters  and  situations,  and  my  desire  to  act  in  all  matters 
relating  to  the  Disputed  Territory,  in  such  a  manner  as  may 
evince  the  utmost  forbearance  consistent  with  the  fulfilment  of 
my  instructions,   have  influenced  me  in  my  conduct  towards 
these  gentlemen— but  it  is  necessary  that  I  should  upon  this 
occasion  distinctly  state  to  your  Excellency : 


\  ?! 


ii 


<    V 


/ 


.,((.'... 


3G 


CORRESPONDENCE. 


i  [Feb. 


1.^ 


B 

i 


1 


i 

ii 


}■ 


Ist.  That  if  it  be  the  desire  of  the  State  of  Maine  that  the 
friendly  relations  subsisting  between  Great  Britoiii  and  the 
United  States  should  not  be  disturbt'd,  it  is  indispensable  that 
the  armed  force  frona  that  State  now  understood  to  be  wit :.ia 
the  territory  in  dispute,  be  immediately  withdrawn,  as  other- 
wise I  have  no  alterualive  but  to  take  Military  occupation  of 
that  territory,  with  a  view  to  protect  Her  Majesty's  subjects, 
and  to  support  the  civil  aufhbrities  in  apprehending  all  persons 
claiming  to  exercise  jurisdiction  within  it. 

2d.  That  it  is  my  duty  to  require  that  all  persons,  subjects 
of  Her  Majesty,  who  may  have  been  arrested  in  the  commis- 
sion of  acts  of  trespass  within  the  Disputed^Territory,  be  given 
up  to  the  tribunals  of  this  Province,  there  to  be  proceeded 
ogoinst  according  to  law. 

3d.  That  in  the  event  of  the  rumor  which  has  jujtt  reached  me 
relative  to  the  arrest,  detention  or  interruption  of  James  Mac- 
Laughlan,  Esq.  tb«  Warden  of  the  Disputed  Territory,  being 
correct,  that  tttat  officer  bo  enlarged  and  the  grounds  of  his 
detention  explained.  ^  .^  „^.  .,..i.  .   ,*   .      >  .u   r      ,      , 

Mr.  Rogers  takes  charge  oftMs'letter,  of  which  a  duplicate 
will  be  placed  in  the  hands  of  the  Hon.  Mr.  Mclntire,  with 
both  of  whom  I  have  conversed,  and  communicated  to  them 
my  views  in  regard  to  the  actual  position  in  which  I  shall  be 
placed,  and  the  measures  which  will  be  forced  upon  me,  if  the 
several  demands  contained  in  this  letter  be  not  complied  with — 
and  I  have  reason  to  believe  that  Mr.  Mclntir/e  leaves  me  fully 
impressed  with  the  anxious  desire  which  I  feel  to  be  5pared  the 
necessity  of  acting  as  the  letter  of  my  instructions  woiild  both 
warrant  and  prescribe.  \  '.  ...,.,,  ,r. 

With  regard  to  trespassers  upon  (be  lands  of  the  disputed 
territory,  I  beg  leave  to  assure  you  that  the  exten!  to  which 
those  trespasses  appear  to  have  bpen  carried,  as  brought  to 
my  knowledge,  by  recent  occurrences,  will  lead  me  to  adopt 
without  any  delay,  the  strongest  and  roost  effectual  measures 


•  ■'^^•■ 


'i~ 


"Kygys  t2SL«'«^.»« 


''eb. 


1830.] 


HOUSE— No.  31. 


37 


which  may  be  in  my  power,  for  pulling  •  stop  to  and  prevent- 
ing the  recurrence  of  such  treipaites. 

With  high  respect,  ' 

I  have  the  honor  to  b« 
f  ,  Your  Eicelleocy's 

'  Mont  obed't  aerv't, 

J.  HARVEY, 

M.  Gtmral,  LUtit.  Goccmor,  ijfe, 
Hii  Excellency,  >*-p*-;m  .«  ..r.  i  „■'   ,  ,-    < 

The  Governor  of  Maint.  "•  •'     '■ 


IVo.  9. 


,..•<  ,     .    ,,.:..  [COPY.] 

■,  J,       .  Freobrickton,  Niw  Brdnbwick, 

18  Feb'y,  1839. 

Whereas  the  offence  wherewith  you  stand  charged  has  been 

pronounced  by  the  Law  Officers  of  this  Province,  as  one 

rather  against  the  Law  oF  Nations  and  ofTreaties  than  against 

the  Municipal  Laws  of  this  country — and  as  such  must  be 

referred  for  the  decision  of  Her  Majesty's  Government — You 

are  hereby  required  to  pledge  your  Parole  of  Honor  to  present 

yourselves  at  Frederickton  in  this  Province  of  New  Brunswick, 

whenever  such  decision  shall  be  communicated,  or  you  shall  b.^ 

otherwise  required  by  or  on  the  part  of  this  Government — {ijul. 

for  this  purpose  you  shall  make  known  the  place  or  places  to 

which  such  requisition  shall  be  sent. 

J.  HARVEY. 

To  the  Hon'ble  Ropus  McTntirb, 

GOSTAVU!*   G.  CUSHMAN, 

Thomas  Bartlbtt,  and 
Ebbnbzer  Webstbr,  EsqVs. 

We  have  no  hesitation  in  giving,  and  hereby  do  give  the 

Parole  of  Honor  above  referred  to. 

18  Feb.,  1839. 
Witness:  W.  EAD. 


i 

)     ' 

t 
1 


I 


rr:-' ijEJji'f'.fl 


I,  a,'  m^u  imiii  1 1 )  'mffmi 


iWriii: 


m 


■*-■*»<- 


1S-"^%.' 


i^,^tSii>*#'*>'''''»'*>Tiyi!''.i!;-,.tt- 


wm 


iTi.--'- 


CORRESPONDENCE. 


L^> 


y>n>  iii 


1^. 


I 


From  Got.  Fairfiek'  to  Sir  John  Harvey. 

[COPy.]     ,!d;  r.<i,  ^,,„  4 

EXBOUTITI    DlVARTMBIfT,  > 

,.,^,^    Avev«la,  Fcbruar/21,  1839.  > 
H  i»  Excellency ,     '  ^  V  *  s      .    . . 
Sir  John  Habvi-t^.j-.^  -l  -"j,         .    .(.  ,  ,. 

Lt.  Governor  1'}.  Brunswick:  ...v,  ,^i*,»i^  .4^ 

Sir: — I  have  the  honor  to  acknow'.dge  »he  receipt  of  your 
Excellency's  eommnnication  of  the  18th  inst.  by  the  hand  of 
CoL  J.  P.  Rogers. 

To  your  demand  for  the  discharge  of  the  persons  arrested  by 
the  authorities  of  (his  State  <c;  being  engaged  in  acts  of  tres- 
pass upon  the  Pub'ic  Lands  of  this  Str'3, 1  have  to  say,  that, 
the  persons  named  are  new  in  the  euUody  of  the  Uue.  With 
that  custody  I  have  neither  ^djfj^i^jioiiapr  tl^e  |uth<^||i^  to 
interfisre.  .  .    .>^  ^  ■. ....  J  -  .  !.^.    .^ 

:  in  regard  to  James  Me LaugbUn,  ISsq.,  Provincial  Land 
Agent,  and  Mr.  Tilutslts,  kis  a«*istaat,  I.  have  advised,  that 
they  be  released  upon  the  same  ter  %$  upon  which  the  Hon. 
Rafue  Mclntire  and  his  assistaDts  w^^re  released,  to  wit:  upon 
their  parole  ofkomor  to  return  to  Bangor  whenever  they  should 
be  thereto  required  by  the  Executive  Government  of  this 
State,  to  -uuwer  to  any  charges  that  may  be  brought  against 
ih^Tt,  f^r  their  kM  and  proceedings  upon  what  your  Excel- 
lency is  pleased  to  call  "  the  disputed  territory." 

For  a  reply  to  the  remainder  of  your  Excellency's  commu- 
nication, I  must  refer  you  io  my  letter  of  the  18tb  instbot, 
which  you  will  receive  by  the  hnod  of  R.  Eoglish,  £aq. 
I  have  Ifia  honor  to  be, 
■  ■"  Withhigh  respect,  ^''''*"^.i^ 

%tf  «?HJe  .>»  ^     Your  Excellencyli obi  senrl,        '^^r^ 

-.  JOHN  rAIRHELD;     k*  * 


^i»i 


.;.''  i   iJ-i 


Oottrmr  «f  Mnm. 


■;ii«&f'''.iti 


II 


T 


*».- — ~-  — .. 


'-,-*- 


.— '*' 


.    (►     ..     .^.-w*;. 


[Feb. 


'  i 


rour 
id  of 

ed  by 

tna- 

that, 

With 

«y  to 

Land 
that 
Hon. 
opoo 
boold 
'  tbis 
■iast 
Kcel- 

r- 

rnitt- 

\tJU, 


1839] 


HOUSE.— No.  81. 


''    i:! 


;M  \VU 


From  Mr.  Street  to  Mr.  ^arv.  i. 
[COPY.] 
Jil  ihi  JHouth^  the  Arooalooh,  JRtter  1 
81.  John,  Frovince  ofJYev)  Bruas-  > 
wick,  17th  February,  1839.  ) 

Sir  : — I  am  directed  by  His  Excellency  Major  Gen«ra|  Sir 
John  Harvey,  Lieutenant  Governor  and  Cominander-in>Chief 
«f  this  Province,  to  expreaa  to  you  hia  great  surpriae  at  the  very 
•KtraordiMiry  occurrence  of  an  armed  force  of  the  deicriptioa 
now  with  you,  having  entered  upon  the  disputed  territory,  so 
called,  and  attempted  to  exercise  a  jurisdiction  there  for«iign  to 
the  British  Government,  seizing  upon  and  maltreating  British 
aubjeets,  and  detaining  many  of  them  prisonera,  without  having 
in  the  first  instance  given  my  notice  or  made  any  communicar 
iion  whatever  to  the  Government  authorities  of  this  Province  of 
such  your  intention,  or  the  causes  which  have  led  to  these  acta 
of  aggression.  If  you  are  acting  under  any  authority  of  your 
own  Government,  the  proceeding  is  still  more  unjustifiable, 
being  in  direct'  defiance  and  breach  of  the  existing  Treaties 
betweeen  the  Central  Ciovernment  of  the  United  States  and 
England*.  If  you  have  ttot  any  such  authority,  you  and  those 
'with  you,  have  placed  yourselves  in  a  situation  to  be  treated 
by  both  Govemn>ents,  as  persons  rebelling  against  the  laws  of 
either  country — but  bo  that  as  it  may,  I  am  directed  by  hia 
Excellency,  to  i^ive  you  notice,  that  unless  you  immediately 
remove  with  the  inree  you  have  with  you,  from  cny  part  of  the 
'disputed  territory,  so  called,  and  discharge  all  BriJsh  subjects 
whom  you  hate  taken  prisoners,  and  at  oi.ce  cease  attemptir  g 
to  excrci«e  any  authority  .a  the  said  ter<-itory  now  authorized  by 
the  Britiith  Government,  every  persor.  of  your  party  that  can 
be  found  or  laid  hold  of,  will  be  taken  by  the  British  authori- 
ties in  the  Provineo,  and  detained  as  prisoners  to  answer  for 
the  ofT'ince.  As  his  Excellency  ic  expressly  commanded  by 
his  Sovereigr<,  to  hold  this  territory  inviolate,  and  iu  defend  it 


i  'i 


M 


!i 


r.v  .n^r 


^'^' 


40 


CORRESPONDENCE. 


[Feb. 


ji  ; 


%$■ 


from  any  foreign  aggression  whatever,  until  the  two  Govem- 
ments  have  determined  the  question  of  to  whom  it  shall  belong 
— and  to  enable  him  to  carry  these  commands  into  full  effect, 
a  large  military  force  is  now  assembling  at  this  place,  part  of 
which  has  already  arrived,  and  will  be  shortly  completed  to 
any  extent  that  the  service  may  require.  In  doing  this,  his 
Excellency  is  very  desirous  to  avoid  any  collision  between  her 
Majesty's  troops  and  any  of  the  citizens  of  the  United  States 
that  might  lead  to  bloodshed,  and  if  you  remove  from  the  ter- 
ritory peaceably  and  quietly  without  further  opposition,  sucU 
collision  will  be  avoided— as  in  that  case  his  Excellency  wil 
not  think  it  necessary  to  move  the  British  troops  further;  but 
if  you  do  not,  he  will  in  the  execution  of  the  commands  of  the 
British  Government,  find  it  necessary  to  take  military  posseft- 
sion  of  the  territory  in  order  to  defend  it  from  such  innovation, 
and  the  consequences  must  be  upon  your  own  head,  or  upon 
the  authority,  if  any,  under  which  you  act.  The  three  gen- 
tlemen who  were  with  you  and  were  taken  prisoners  by  some 
of  our  people,  have  been  forwarded  on  to  Fiederickton  by  the 
magistrates  of  the  country,  and  will  be  detained  (as  all  persons 
heretofore  have  been,  who  on  former  occasions  were  found  en- 
deavoring to  set  up  or  exercise  any  foreign  jurisdiction  or 
authority  in  the  territory  in  quentioa.)  They  will  however  be 
well  treated,  and  every  necessary  attention  paid  to  their  conk- 
fort;  but  I  have  no  doubt  they  will  be  detained  as  prisoners,  to 
be  disposed  of  as  may  hereafter  be  directed  by  the  British 
Government.  The  Warden  of  the  disputed  territory,  Air. 
>IcLaughlan,  went  out  I  understand  a  few  days  sipce,  to  ex- 
plain all  this  to  you,  but  he  not  having  returned,  we  are  led  to 
suppose  you  have  still  further  violated  the  laws  and  Treaties  of 
the  two  nations,  by  detaining  him  who  was  a  mere  messenger 
of  communication,  together  with  Mr  TibbettB,the  pek^on  who 
was  employed  to  convey  him.  But  as  Mr.  McLaughlan  was 
an  accredited  ofHcer,  acknowledged  by  the  Amerirau  Govern- 
ment as  well  as  the  British,  and  appointed  for  the  very  purpose 
of  looking  after  this  territory,  I  trust  you  will  on  reflection, 


1. 


""  -  i".**- . !  ""."  "?;.:■''•'.)'  "SK 


Feb. 


■'i^:# 


1839.] 


HOUSE— No.  31. 


41 


see  the  great  impropriety  and  risk  you  run,  even  i»ith  your  own 
Government,  by  detaining  him  or  his  attendant,  Mr.  Tibbetts, 
any  longer,  I  shall  await  at  this  place  to  receive  your  answer 
to  this.  I  am,  sir, 

ip^if  j«i  >  ,         Your  most  ob't  humble  serv't,     o  tiwiJ 
I!  ;    i.u.;ui;.    ,j    wja.GEO.  FRED.  STREET,  .  fir  r^ 

SolicUor  General  of  the  Pr(mnet. 
To  the  Officer  commanding^      i.w  j^, .;  i . ;.   , -c.,..  ,.i 
the  armed  lorce  on  tlie  di«-  \  ^;»,^,,  ^  .,y„  «« , .    .«  4  ir,?,,., 
puted  territory.    j„^,„,^,.,,V 

'"' r.'»^-*'"   «'=«•<:*  ■•jurpis-ij'  x.^»*ti''i    lo  u»>:  lv»i -t  i»i 

■     '    w.   ...  V-  '"Prom  Mr.  Jarvis  to  Mr.  Street  ■  '"*'*  ^  "*  >«'  <  " 
.  •   !  '  [L/0"Y.| 

;,•   ,  .  J     *«.  u.      Confluence  of  the  Si.  Croix  Stream,  "^ 
'     \,  ,,,  ,      Arootlook  Rwer   Township  JVo.  jO,  \ 


.1     ,  vt-i*i;C 


ili! 


tii 


Slate  of  Maine—Feh'ty  19th,  1839. 
SiRt—Tour  communication  of  the  17th  ihst.  has  been  this 
moment  rec'd.  The  Solicitor  General  of  the  Province  must 
have  been  misinformed  ab  *<~  the  pface  whe  e  the  force  under 
my  direction  is  now  located,  or  he  wi.uld  have  been  spared  tl.e 
impropriety  of  addressing  such  a  communication  to  me,  a  citi- 
zen of  the  Stale  of  Maine  one  of  the  North  American  Confed- 
eracy of  U'^iu..ti  States.       '  .'■^i']  ■■■■-■■  .-^    .?•-■■•;         :5:T 

It  is  aisc  f-    «  iioped  for  the  honor  of  the  British  Empire, 

that  whci!  .•  '  .-eneral  Sir  John  Harvey,  Lieut.  Governor 

and  Commanot.^  n*Chief  of  ihe  Province  of  New  Brunswick, 

is  made  acquainted  with  the  place  where  the   Hon.  Rufus 

Mclntire,  Land  Agent  of  the  State  of  Maine,  and  the  two  other 

gentlemen  with  him,  were  forcibly  arrest'^d,  by  a  lawless  mob, 

that  he  will  direct  their  immediate  discharge  and  bring  the 

offenders  to  justice. 
4* 


il^ 


f"^ 


•'■"■^Imw 


mm^m 


mm 


W^ 


m 


CORRESPONDENCE. 


[Feb. 


It    n,v 


IS'      • 


The  oflieer  to  whom  you  ■UudiB  and  tho  person  in  cottpaoj 
whh  kim,  were  arrested  for  serving  a  precept  «m  a  citizen  of 
Maine.  He  was  seat  on  imoiediateiy  to  Augusta,  the  seat  of 
Government,  to  be  dealt  with  by  the  autborities  of  the  State. 
Their  persons  are  not  therefore  in  my  power,  and  application 
for  their  discharge  must  be  made  to  the  Government  of  the 

Slat*,  -r^m^^'ii^im^ii^immvk^  i).'*.  fi  ^fti  *»-,*^:*,: .  ^-.a  ^ 

If,  however,  I  have  beeb  in  error  as.  to  yonr  being  under  a 
mistake  as  to  the  place  where  I  am  now  stationed,  on  land  which 
was  run  out  into  townships  by  the  State  of  MasShchuiettt  nnd 
covered  by  grants  Oram  that  State  before  Maine  was  separated 
from  Massachusetts,  and  wk  r  '  vr  therefore  been  under  the 
jurisdiction  of  Maine  since  sho  iken  her  rank  among  the 

Independent  States  of  the  North  il.iierican  Union;  therefore, 
as  a  citizen  of  Maine  in  official  capacity,  I  have  but  one  an- 
swer to  return  to  the  threat  conveyed.  I  am  here  under  the 
direction  of  the  Executive  of  the  State,  and  must  remain  until 
otherwise  ordered  by  the  only  authority  recognized  by  me,  and 
deeply  as  I  should  regret  a  conflict  between  our  respective 
coantries,  I  shall  consider  the  approach  to  my  station,  by  an 
armed  force,  as  an  act  of  hostility,  whicb  will  be  met  by  m^  to 

thebestofmyabUity.    ,^,^^/ii  j^^.%^[,^i^ 

- 1  am  sir. 

Your  most  obH  serv't, 

CHARLES  JARVIS, 

To  Geo.  Frid   Strbbt,  Esq.     ■^'.  K'iFi,ia*,fe»-;.?*fH.ji?**4#i 
Solicitor  Gen.  of  Prov.  ef  N.  B«      <i>r;i>' «? 


V.»;  tt>  >»*:.■  ii>  «;»•.,■:   •>■  ij^K', 


-'  {-  -J 


>■'  iif"  f-.,  *>?.>. 


( 


"I 


t"^* 


r  % 


M5"-"^^S5fW^- 


rss 


*-.. 


"^--v.  ^1 


4M9.J 


HOUSE.— No.  81. 


^ 


i|  t 


■ 


.i.:l<*   lit.. 


From  Gov.  Fairfield  to  President  Van  Bursn. 

tk    '41-'      tfh        [COPY.]  ^^),^^lW#i'»;■|'»«■:*•:!'';i^^X'' 
^«^  »ttt  Ui   >*«*    EtBCitriVE  DerAKtMEiiT,      > 
Augufta,  F«b.  18,  189Sr.  5 
His  Ekcftllency  M.  Van  BirBur, 

PrMtd<nl  «^fAe  UniUd  Shttta: 

Sm:— I  have  the  honor  here^rith  to  enclose  the  Governor '• 
Mesaage  to  the  Legislature  of  this  State  on  the  S4th  ultitne — 
and  Resolve  of  the  Legistatare  of  the  same  date— Message  of 
the  iSth  initsttt— and  Resolve  of  the  same  date— Message  of 
the  I8(h  instattt — ^^and  Resolves  passed  by  the  House  of  Repre- 
sentatives, of  satne  daie-^a  proclamation  issued  by  Sir  John 
Harvey,  Lt.  Governor  of  New  Brunswick  on  the  iSth  instant 
—and  a  letter  received  by  express,  from  him,  this  morniitg, 
llao  dated  February  ISth. 

By  these  papiers  you  will  learn  that  the  Hon.  Rufus  Mcln- 
t!re,  while  etigaged  in  the  service  of  this  State  as  Land  Agent, 
In  endeavorlAg  to  expel  flrom  lands  bordering  on  the  Aroostook 
River,  in  this  State,  a  body  of  armed  men,  principally  from  the 
Iftritiah  throvinces,  who  were  enga|{ed  in  cutting  the  timber,  in 
defiance  df  the  authorities  of  this  State,  has  been  seized,  with 
Gustavus  G.  Cushman  and  Thomas  Bartlett,  Esquires,  who 
Were  aiding  the  Land  Agent  in  this  service,  and  have  been 
transported  to  Frederickton  the  capitol  of  New  Brunswick. 
The  liraiiner  in  which  this  was  done  I  have  described  in  my 
Ihieiaage  to  the  Legislature  of  this  day.  It  was,  to  say  the 
least  of  it,  grossly  insulting  to  Mr.  Mclntire,  and  is  such  an 
indignity  to  the  State  and  the  Nation  as  cannot  and  ought  not 
te  be  submitted  to.  These  gratlemen  have  been  seized,  upon 
territory  which  is  regarded  by  Maine  as  having  always  been 
within  her  exclusive  posaeasion  and  jurisdiction,  as  will  appea)r 
by  a  few  of  the  facts  alluded  to  in  my  M<dssQge. 

You  wHI  perceive  by  the  Proelaraation  and  letter  of  Sir  John 
Harvey  that  he  assumes  the  extraordinary  position  that  the 
British  Goverament  by  an  agreemeat  with  the  Government  of 


■■ 


m^mmm^m 


l(|."H' 


M»  1    Wi 


•I   ....'..riVIn-g;- 


#*?,' 


ilr 


44 


CORRESPONDENCE. 


[Feb. 


I, 


:^am  \ 

wmi 

Wt^ 

m 

0 

-- 

,.^^^.... 

4 

i^mid 

i^k^i^MMMMvMI 

mmm, 

the  United  States,  is  entitled  to  the  exclusive  possession  and 
jurisdiction  of  the  whole  disputed  territory  until  the  question  of 
right  shall  be  settled — and  that  he  has  ordered  out  a  large  mil- 
itary force  to  expel  the  party  in  the  service  of  the  Land  Agent 
from  the  territory,  calling  the  proceeding  on  our  part,  an  inva- 
sion of  Her  Majeitty's  Province  of  New  Brunswick.  In  this 
slate  of  things,  I  have  to  inform  your  Excellency  that  our  citi- 
zens now  upon  this  territory  engaged  in  the  service  of  the  Slate, 
will  not  leave  it  without  accomplishing  their  object,  unless  com- 
pelled so  to  do  by  a  supetior  force.  That  one  thousand  drafted 
militia  will  march  for  the  Aroostook  on  Wednesday  the  21st 
instant,  to  aid  and  assist  the  Land  Agent  in  carrying  into  effect 
the  Resolve  of  the  24th  of  January.  I  shall  also  forthwith 
proceed  to  order  a  further  draft  of  the  Militia  of  at  least  ten 
thousand  men,  who  will  hold  themselves  in  instant  readiness  to 
march.  Such  further  measures  as  it  may  be  found  necessary 
to  take  to  maintain  the  rights  of  this  State  in  the  premises, 
I  assure  ^  ur  Excellency  that  I  shall  not  fail  to  take,  and  that 
with  aa  much  promptness  as  circumstances  will  permit.  • 

These  in  brief,  (in  connection  with  the  papers  inclosed)  are 
the  facts  in  the  case — and  if  I  do  not  misconceive  them,  they 
authorize  me  to  call  upon  the  General  Government,  which  I  do, 
for  that  aid  and  assistance  which  the  whole  States  have  guar- 
anteed to  each  in  such  an  emergenc/.  ■  ,     ,,,.,, 

In  a  case  of  such  deep  and  vital  interest  to  this  State,  I  feel 
confident  that  you  will  not  only  rio;htly  appreciate  the  common 
feeling  of  our  citizens,  but  that  you  will  act  with  that  prompt- 
ness and  efficiency  which  our  peculiar  position  demands. 

I  have  not  time  to  enter  more  at  length  into  the  circumstances 
of  the  case.  John  D.  McCrate,  Esq.,  the  bearer  of  these 
dispatches,  will  communicate  such  further  information  as  your 
Excellency  may  be  desirous  of  obtaining. 

I  will  only  add,  that  in  this  State  there  is  but  one  feeling 
upon  this  subject,  and  that  is,  of  deep  indignation  at  the  outrogea 
that  have  been  perpetrated,  and  of  a  fi.\ed  and  unyielding 


4 


18S9.] 


HOUSE— No.  31. 


46 


determination  not  to  suhntit  to  the  degrading  terms  propotied  by 
the  Lieut.  Governor  of  ^ew  Bruoswicli,  that  of  withdrawing 
from  the  Arooatook  territory,  and  abandoning  our  soil  tp 
foreigners  and  our  property  to  a  band  of  armed  plunderers. ; 

I  have  the  honor  to  be,  i,    ^;  *     .  ,  i  .!,.   .,  ...  i  -i  a 
.■    With  high  respect,  «;<: 

Your  most  ob't  serv't,  .  > 

JOHN  FAIRFIELD, 

'  Gov>  of  Maine. 


From  Gov.  Fairfield  to  President  Van  Buren. 
i  ^    [COPY.] 

■if  ■'ill.'.       Executive  Department, 


His  Excellency, 
M.  Van  Buren, 
President  U.  States: 


Augusta,  Feb.   19,  1839. 


Sir: — Yesterday  I  had  the  honor  to  enclose  you  certain 
papers  relating  to  the  difficulties  which  have  arisen  upon  our 
Northeastern  frontier,  with  a  brief  statement  of  the  facts. 

I  have  now  the  honor  to  enclose  you  my  reply  to  the  letter 
of  the  Lieut.  Governor  of  New  Brunswick,  under  date  of  the 
13th  instant,  and  Resolves  passed  by  both  branches  of  our 
Legislature. 

I  would  further  inform  your  Excellency,  that  by  a  communi- 
cation just  received  from  Maj.  Kirby,  ot'U.  S.  Artillery,  com- 
manding at  Hancock  Barracks,  Houlton,  I  learn  that  "  the 
3^th  Regiment  from  a  West  India  station,  has  arrived  in  the 
Province  "—that  '*  on  the  16th  inst.  oue  company  of  that  Reg- 
iment passed  Woodstock,  destined  to  the  north  of  the  Aroos- 
took " — that  "this  morning  (the  18th)  another  company  fol- 
lowed— the  whole  under  the  command  of  Col.  Maxwell,"  &.c. 
&.C.     He  adds,  as   a  rumor,  that  "  oue  of  the  Regiments 


■i*, 


1 


mm 


4 


CORRESPONDENCE. 


[Feb.    ' 


which  recently  pisiecd  through  to  Canada,  ia  ordered  hack, 
and  that  two  more  Rcgimenta  are  Jail/  expected  from  the  Weal 
Indiea." 

The  Hon.  RuiVia  Melntire  ia  atUl  detaroed  bj  the  Provincial 
authorities  at  Fredertclcton. 

Under  these  oircumstaaoes,  I  oaDool  but  entertain  the  belief 
that  as  manj  regiaMnta  of  U.  Statea  troops,  as  can  possibly  be 
spared  from  other  service,  will  be  ordered  forthwith  to  our 
frontier,  and  that  Maj.  Kirby  will  also  receive  orders  to 
co-operate  with  the  forcos  of  this  State  in  repelling  an  invasion 
of  our  territory. 

Without  time  to  add  more  I  subscribe  myself, 

Witk  assurances  of  high  respect. 
Your  Excellency's  ob*t  serv't, 

JOHN  FAIRFIELD. 
^^,-^m  ,  Got.  of'  Manu. 


,1 


feit-*'-^ 


W*^^ 


|tf5f*!: 


«#v 


From  Gov.  Fairfield  to  President  Van  Buren. 
[COPY.] 


EXKCUTIVB    DaPAMTMBlIT,       \ 

1,  1839.  5 


Augusta,  Feb.  32d, 
His  Excellency, 
M.  Vas  Buaair,  ^  | 

Preaident  United  States: 

Sir: — I  have  the  honor  to  enclose  herewith,  copies  of  lettera 
from  the  Lt.  Goveroor  of  New  Brunswick,  under  date  of  Feb. 
18th,  with  my  reply  thereto— letter  from  the  Solicitor  Geaeral 
of  the  Province  of  New  Brunswick  to  the  Hon.  Charles  Jarvis, 
temporary  Land  Agent,  under  date  of  the  17th  instant,  with 
Mr.  Jarvis's  reply — Parole  of  honor  given  by  Messrs.  Meln- 
tire, Cushman,  Bartlett  and  Webster,  dated  18th  February— 
my  Message  to  the  Legislature  of  the  21st  instant. 


'^i' 


# 


JEjbk. 


:';-ViS^ 


'mf^^nfmmmmmmmm 


[Feb. 
Wen 


belief 
libly  be 
I  to  our 
Pere  to 
fvaiion 


4 


1839.] 


HOUSE.— No.31. 


47 


These  papers  will  give  jrour  Excellency  all  the  addiliooel 
iDformatioti,  of  importance,  not  heretofore  communicated,  that 
has  been  reeeif  ed  in  relation  to  the  atate  of  affairs  upon  our 
eastern  frontier.  I  cannot  but  persuade  myself  that  your  £i- 
celleney  will  see  thai  an  attack  upon  the  citizens  of  this  State 
by  a  British  armed  force  is,  in  all  human  probability,  inevita- 
ble; and  that  the  interposition  of  the  General  Government  at 
this  raomentoas  crisis,  should  be  promptly  afforded. 
I  have  the  honor  to  be, 
With  high  respect. 

Tour  Excellency's  ob't  serv't, 

JOHN  FAIRFIELD. 

Gfov.  of  Muifu. 


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STATE  OF  MAINE. 


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HoUKB   or   RcPRBSk^NTATITCS,  ) 

February  SI,  1839.  > 
Obocrbd,  That  10,000  copies  of  the  correipondence 
between  the  Governor  of  thii  State  and  Sir  John  Harvey, 
Lt.  Governor  of  New  Brunswick,  together  with  all  Docu- 
ments relating  to  the  difficulties  on  the  North  Eastern 
Frontier,  be  printed  for  the  use  of  the  Legislature. 

CHAALES  WATERHOUSE,  Ckrk, 


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